CHIDI NWAOMA UWA, J.C.A., (Delivering the Leading Judgment): The appeal is against the judgment of M.A. Dipeolu, J of the Ogun State High Court delivered on 31st October, 2008.
In the trial court, the Appellant with two others were arraigned on a three count charge of conspiracy to commit Armed Robbery contrary to Section 6(b) and Section 1(2)(a) respectively of the Robbery and Firearms (Special Provisions) Act Cap. R11 Laws of the Federation of Nigeria, 2004.
The three count charge is as follows:
"COUNT I
STATEMENT OF OFFENCE
CONSPIRACY to commit armed robbery contrary to Section 6(b) of the Robbery and Firearms (Special Provisions) Act (CAP.R II), Laws of the Federation of Nigeria, 2004.
PARTICULARS OF OFFENCE
OKIKI FALEYE (m), IDOWU OLOJEDE (m), BABATUNDE ADELANI (m) and others now at large on or about the 15th day of April, 2003 at Agbonselu quarters Ayetoro in the Ilaro Judicial Division conspired to commit a felony to wit: Armed Robbery.
COUNT II
STATEMENT OF OFFENCE
ARMED ROBBE…