DATTIJO MUHAMMAD JSC (Delivering the Lead Judgment):
This isan appealagainst the judgment of the Court ofAppeal, Benin Division, affirming the conviction and sentence of the appellant by the Edo State High Court for conspiracy and armed robbery, punishable under sections 5(b) and 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, Cap. 398 of the Laws of the Federation of Nigeria, 1990.
The appellant is said to have committed the offences alongwith four others on or about 30 November 1996 at Benin City within the trial court’s jurisdiction. They conspired and robbed one Donatus Osigwe the sum of N164,000.00 (one hundred and sixty-four thousand naira) while armed with knives and otheroffensive weapons.
The respondent called five witnesses to make out its case at the trial court. The PW1 had reported to the police that his son, the 1st accused, had stolen the sum ofN190,000.00 (one hundred and ninety thousandnaira) from hisshop inBenin Cityon 16November 1996 and incompany of othe…