MUMUNI YUSUF V. THE STATE

SOTONYE DENTON WEST, J.C.A. (Delivering the Leading Judgment): This appeal stems from the judgment of the High Court of Justice, Akure presided over by Hon. Justice O. O. Akeredolu, delivered on the 13th July, 2007 (see pages 88 - 118) of the records of appeal.

The appellant was jointly charged before the High Court of Justice, Ondo State, Akure Division on a 2 count charge of conspiracy and robbery contrary to sections 6(b) and 2(b) of the Armed Robbery and Firearms (Special Provisions) Act Cap RII Vol. XIV Laws of the Federation of Nigeria respectively. The appellant and the other 2 accused persons pleaded not guilty to the charges.

The prosecution in proof of their case called a total of three witnesses comprising of the complainant and two policemen. The testimony of PW1 (the complainant) is contained on pages 94-96 of the records of appeal while pages 96-97 contains evidence of PW2 who was the investigating police constable at Ijapo Police Station and evidence of PW3, the investi…