MUHAMMAD S. MUNTAKA-COOMASSIE, JSC (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Ibadan Division hereinafter called the lower court, delivered on the 31st March, 2011. The lower court had affirmed the judgment of the trial court which convicted and sentenced the appellant and one Mumuni Olaoye to 10 and 21 years imprisonment respectively for the offences of conspiracy to commit armed robbery and armed robbery contrary to section 5(b) and punishable under section 1(2) (a) and section 1 (i) of the Robbery and Firearms (Special Provision) Act (Cap. 398) Laws of the Federation of Nigeria 1990 (as amended) by the Tribunal (certain consequential Amendments etc.) Act 1999.
The facts of this case as shown in the record are that the 2nd accused person, one Mumuni Olaoye was the driver of P.W.1, Mrs. Monsuratu Moni Babatunde, who was the victim of the crime, and has driven her for three months prior to the present incident, had on 14/3/2002 dr…