MSHELIA JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Ogun State High Court of Justice, Ijebu-Ode Judicial Division, delivered by Ogunsanya, J. on 23 December 2009. The appellant and two others were arraigned before the High Court of Justice Ogun State and tried on a two-count charge of conspiracy to commit armed robbery and armed robbery contrary to section 6(b) and 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, Cap. R. 11, Laws of the Federation of Nigeria, 2004.
The case for the prosecution at the trial court was that on 7 May 2007 at about 9:30 p.m., the PW1 who was the managing Director of FAO Construct Petroleum at Ilese, Ijebu-Ode closed for the day at the filling station. He took the day’s proceed, the sum of (three hundred and fifty- seven thousand, one hundred and fifty naira) ₦357,150.00 in his car with one of his staff. While driving along the road, he saw a motorcycle with three men coming behind his vehicle. The motorcycle …