JAMES SHEHU ABIRIYI, J.C.A. (Delivering The Leading Judgment): This appeal is against the judgment of the Ondo State High Court sitting at Ondo delivered on the 15th May, 2012. The Appellant and three others were charged with robbery and conspiracy to commit robbery contrary to section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act Cap 11 R 11 Vol. 14 Laws of the Federation of Nigeria, 2004 and Section 5(b) of the Same Law.
The case of the Respondent as can be gathered from the evidence of six witnesses who testified for the prosecution is quite simple. According to Yaya Suberu (PW1), at about 2:00am on the 6th January, 2005 he heard the voice of one of his boys who slept in the passage that leads to his room.
When he asked who was in the house at that hour somebody responded by saying that the boy should keep quiet otherwise he would shoot.
While the Pw1 was walking with his torchlight in hand towards the boy, he saw somebody in the passage run down the stair-case. Pw1 …