OGUNWUMIJU JCA (Delivering the Lead Judgment): This appeal is an appeal against the conviction of the appellant by his lordship, the Hon. Justice J. Aigbuloko Oyakhirome J. sitting at High Court Benin City on 23 April 2010, in charge No. B/2C/2008, for the offence of armed robbery. Beingdissatisfied with his sentence and conviction, the appellant who was the only accused person during the trial of the charge at the High Court on 6 September 2010, filed an appeal seeking his discharge and acquittal.
The facts which led to this appeal are as follows: The case of the prosecution is that the PW1, one Mill Ada Mokobia testified that she lives and sells cooked food at No. 34, Zabayo Street Benin City and that she has a motorcycle rider who buys meat for her every morningfor her commercial cookingbusiness and that whenever the bike man comes, she gives him N1,500.00 (one thousand, five hundred naira) for purchase of meat.
That on 30 June 2006 at about 5:55a.m. she was inside her room washing r…