Y. O. ADIO, J.S.C. (Delivering the Leading Judgment): When this appeal came up for hearing before this court on the 30th of January, 1997, the main issue upon which the learned counsel for the parties addressed the court was whether the court below was right in affirming the conviction of the appellant for the offence of armed robbery. The contention of the learned counsel for the appellant was that the evidence of the P.W. 2, having been expunged from the record of proceedings before the court below, the conviction of the appellant could no longer be said to be based on the evidence of his guilt and that, for that reason, the court below was wrong to have affirmed the conviction.
The learned counsel for the respondent conceded that after the evidence of the P.W. 2 has been expunged from the record of proceedings before the court below, the evidence of P.W. 1 that was left in the said record could not sustain the charge or support the conviction of the appellant for the charge. In the…