NWALI SVLVESTER NGWUTA, JSC (Delivering The Leading Judgment): Appellant was charged with, tried and convicted of, the offence of attempted robbery contrary to the provision of S.2(1) of the Robbery and Firearms (Special Provisions) Act, 1990 (as amended). The Presiding Judge, Shoremi, J (as His Lordship then was) sentenced the appellant to life imprisonment on the 21st day of June, 2005.
Briefly, the Respondent's case in the trial Court is that the appellant, on 26th September, 2002 by 8.00 p.m. came into the Video rental shop in the Saje Maternity neighbourhood of Abeokuta. Appellant came into the shop with a toy gun and a mask and assaulted the PW1 in an attempt to rob him. Appellant on the other hand said he went to the shop to collect the sum of ₦250.00 he earlier paid to an unidentified person for a video cassette. He admitted there was a fight between him and the sales boy, the PW1 and that the fight attracted the PW2 who joined in beating him and the PW3, the husband of PW2 an…