YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Lagos State High Court delivered on the 1st April, 2014 by HON. JUSTICE I.O. KASALI wherein the Appellant and other accused persons were arraigned, tried and convicted for the offences of conspiracy and Armed Robbery. Dissatisfied with the decision, the Appellant filed an Amended Notice of Appeal dated 31st June, 2014 and filed on the 3rd February, 2017 setting out 5 grounds of appeal.
Brief facts leading to this appeal are that the Appellant and others were arraigned for the offences of conspiracy and robbery contrary to Sections 403 and 401(1) of the Criminal Code Law Cap. C17 Vol. 2 Laws of Lagos State, 2003, The allegation was that the Appellant was arrested at the scene of the crime and taken to Festac Police Station for robbing a motor cyclist of his motor cycle and his passenger by using a toy gun and dispossessing them of the sum of N500 and N1,500.00 respectively. Tria…