I.T. MUHAMMAD, J.S.C: (Delivering The Leading Judgment): The Appellant herein, was arraigned before the High Court of Justice, Abeokuta, Ogun State (trial court) on the following counts:
COUNT ONE
SABURI ADEBAYO (M) on or about the 11th day of March, 1994 at Elekuro Village, via Ifo in Ogun State of Nigeria did conspire together with others still at large to commit a felony to wit: Armed robbery and thereby committed an offence contrary to Section 5(b) and punishable under Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, Cap. 398 Laws of the Federation of Nigeria 1990.
COUNT TWO
SABURI ADEBAYO (M) on or about the 11th day of March, 1994 at Elekuro Village, via Ifo in Ogun State of Nigeria while in the Company of others still at large did rob one Saliu Afolabi of the sum of N100.00k and a Suzuki Motorcycle with Reg. No. OG 7842 DA and at the time of the said robbery were armed with cutlasses and thereby committed an offence contrary to and punishable under Sectio…