CHINWE E. IYIZOBA J.C.A (Delivering the Leading Judgment): The appellant herein and another, Godwin Pius were arraigned before the Ondo State High Court, Akure judicial division charged with conspiracy to commit robbery and robbery contrary to sections 5(b) and 1(2)(a) of the Robbery and Firearms (Special Provision) Act Cap 398 Laws of the Federation of Nigeria 1990.
The particulars of the offence for which the appellant and Godwin Pius were charged are that on the 3rd day of January 2004 at Oshinle quarters in the Akure Judicial Division, they conspired to commit a felony, to wit armed robbery and did rob one DRP Communications a GSM handset company of handsets worth over one million naira (N1, 000, 000.00) as well as the sum of fifty thousand naira (N50, 000.00) while armed with guns.
In order to prove its case, the prosecution called two witnesses and tendered in evidence the confessional statements of the two accused persons after trials within trials as Exhibits P5 and P6. The ap…