EBIOWEI TOBI, J.C.A. (Delivering the Leading Judgment): The judgment that culminated in this appeal is the judgment of Hon. Justice K.A. Jose (Mrs.) of the High Court of Lagos State sitting in Ikeja delivered on 4/10/2017 in Suit No. ID/243C/2013 –The State of Lagos v. Izunna Ajaere. The facts of the case are simple and straight forward. The Appellant (then Defendant at the lower Court) was arrested in connection with an armed robbery that occurred on 22/6/2012 at Ajao Estate, Lagos State wherein one Uka Uchenna, the PW1 was robbed of his laptop, phones and other personal effects. The Appellant was then arraigned on an amended charge of two counts of conspiracy to commit armed robbery and the substantive offence of armed robbery wherein he pleaded not guilty. The lower Court in its judgment found on pages 188-198, specifically on pages 197-198 of the record (pages 10-11 of the judgment) while convicting the Appellant held thus:
“From the totality of evidence adduced in this case and th…