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JOHN INYANG OKORO JSC (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of Appeal siting in Ibadan delivered on 11 June 2013, wherein the lower court set aside the conviction of the respondent for the offence of armed robbery as handed down by the High Court of Ogun State on 30 July 2009. The facts leading to this appeal are as stated hereunder.
The respondent and one other were arraigned before the High Court of Ogun State on a three-count charge of conspiracy to commit armed robbery and armed robbery contrary to the provisions of and punishable under section 1(2)(a) of the Robbery and Firearms (Special Provision) Act, 1990, (as amended) by the tribunals (certain consequential amendment etc) Act, 1999.
The case of the prosecution is that at about 12:20 am on 21 August 2005, while two (PW2 and PW3) of the occupants in a room at No. 3 Topon Road, Ijebu-Igbo were sleeping and while the third occupant (PW1) was still watching television, the PW1 saw the r…