AKINTAN, JCA (Delivering the Lead Judgment): This is an appeal from the judgment delivered by Oduntan, J. at Abeokuta High Court on 16th December, 1999 in charge No. RFT/12/98. The appellant, Sefiu Balogun, was arraigned before the lower court on a two-count charge of conspiracy to commit the offence of armed robbery contrary to section 5(b) and punishable under section 1(2)(a) of the Robbery and Firearms (Special Provisions Act (Cap 398, Laws of the Federation of Nigeria 1990; and (2) armed robbery, contrary to section 1(2)(a) of the same Act. The appellant pleaded not guilty to each of the two counts and the trial thereafter proceeded before the afore-mentioned learned trial Judge. Three witnesses testified for the prosecution during the trial and the appellant gave evidence in his defence.
The main prosecution witness was Toyin Agarawu (PW1). His evidence was followed by those of two policemen who investigated the case. At the close of the case for the defence, and addresses by le…