MARY UKAEGO PETER-ODILI, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Ibadan Division delivered by their Lordships, Haruna Simon Tsammani, Obietonbara Daniel-Kalio, Mudashiru Nasiru Oninyangi, JJCA with Tsammani, JCA delivering the leading judgment. That Court dismissed the appeal of the accused/appellant after his conviction and sentence by the trial Court per N. I. Agbelu J of the High Court of Ogun State.
The facts as background would be captured hereunder as follows:-
At the trial before the Honourable Justice N. I. Agbelu of the High Court of Ogun State, it was alleged that the appellant who was wearing a black cap, black goggles and a black handkerchief which covered his mouth, on 09/03/04, at about 5pm, went to a cement shop in Ijebu-Igbo, owned by one Ramotalai Alege (PW1), on a motorcycle. Upon arriving at the shop, the appellant alighted from the motorcycle and asked the rider, one Alaba Adesina, to wait for him…