OLABODE RHODES-VIVOUR, J.S.C. (Delivering the Leading Judgement?).:?The Appellant was arraigned before an Akure High Court on a one count charge which read:
STATEMENT OF OFFENCE
ARMED ROBBERY contrary to and Punishable under Section 1(2) (b) of the Robbery and Firearms (Special. Provisions) Act Cop 398. Vol. xxii Laws of the Federation of Nigeria, 1990.
PARTICULARS OF OFFENCE
PETER ADEWUNMI (M) and others at large on or about the 28th December, 2001 at about 4.30 p,m, at Value Tech. Company, ijare in Akure Judicial Division robbed Jide Amodu of the sum of N1,000.00, Osuntunji Fredrick the sum of N,1,650.00 and Value Tech Company the sums of N40,000.00 while armed with offensive weapons to wit:?guns and cutlasses.
Trial commenced on the 21st of February, 2005 before Akeredolu J, sitting in on Akure High Court,?Ondo State. The Respondent called five witnesses and tendered four exhibits to wit: Exhibits AI , A2, A3 and A4. The Appellant gave evidence in his defence. He did not call any witnes…