PETER-ODILI JSC (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of Appeal, Ibadan
Division, coram : K.M.O. Kekere-Ekun JCA (as she then was),
Fasanmi and I.S. Ikyegh JJCA with Modupe Fasanmi JCA delivering the lead judgment on 23 November 2011. The appellant had been charged, arraigned, tried and convicted by the trial court, per N. I. Agbelu J. on a two-count charge of conspiracy to commit armed robbery and armed robbery, contrary to sections 6(b) and 1(2) of the Robbery and Firearms (Special Provisions) Act, Cap. R. 11, Laws of the Federation of Nigeria, 2004. The Court of Appeal or court below or lower court upheld the decision of the trial court. Facts briefly stated The case of the prosecution at the trial court was that on 11 February 2005 at about 2pm, two armed robbers had attacked A Mrs. Cecilia Olufunke Onanuga (PW4) and her two daughters at their residence at 176, Luba Eruwon Road, Ijebu-Ode. In the course of the robbery incident, t…