MARY UKAEGO PETER-ODILI, J.S.C. (Delivering the Leading 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), M. Fasanmi and I.S. Ikyegh JJCA with Modupe Fasanmi JCA delivering the lead judgment on 23rd 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 the 11th day of February, 2005 at about 2pm, two armed robbers had attacked Mrs. Cecilia Olufunke Onanuga (PW4) and her two daughters at their residence at 176 Luba Eruwon Road, Ijebu- Ode. In the course of the…