ALONGE TEMITOPE V. THE STATE

MOORE A. A. ADUMEIN, J.C.A. (Delivering the Leading Judgment): The appellant and one Bunmi Ayodele were arraigned in the High Court of Ondo State. Count 2 of the information filed against accused persons reads as follows:-

"COUNT II:

STATEMENT OF OFFENCE

ARMED ROBBERY, contrary to and punishable under Section 1 (2) (b) of the Robbery and Firearms (Special Provisions) Act Cap 398 Vol. XXLL Laws of the Federation of Nigeria, 1990.

PARTICULARS OF OFFENCE

Alonge Temitope and Bunmi Ayodele on or about the 18th day of March, 2006 at No.30 Ala Close off Sijuade Akure in the Akure Judicial Division robbed one Mrs. lkengboju Onasile of the sum of Five Hundred Naira, One Sagem phone, VCD player, a Video machine, while armed with offensive weapons to wit, gun and knife."

The case was tried and determined by O.O. Akeredolu, J. of the Ondo State High Court, sitting at Akure, who delivered judgment on the 10th day of December, 2007 whereby the appellant and his co-accused - one Bunmi Ayodele were c…