MUNTAKA-COOMASSIE JSC (Delivering the Lead Judgment): The appellant herein and three (3) other persons were arrested and charged on two counts of conspiracy to commit felony to wit armed robbery and the offenceof armed robbery contrary to section 5(b) and 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, Cap. 398, Laws of Federal Republic of Nigeria (as amended) by the Tribunal (Certain Consequential Amendments etc) Decree 1999.
On 23 October 2000 the appellant and three others, whilst armed with offensive weapons to wit an iron rod, stole a Lister generating set at Elf filling station, Abeokuta Ogun State. In the process, the appellant and others killed one of the guards by hitting him on the head with iron rod, while the other was seriously injured.
At the trial, the prosecution called eleven (11) witnesses and tendered 13 exhibits while the appellant rested his case on that of the prosecution. On 25 May 2002, Adebayo the prosecution counsel, announced that the prosecuti…