OWOADE JCA (Delivering the Lead Judgment): This is an appeal from the judgment of his lordship I. A. Adegbenro J. of the High Court of Ondo State, sitting at Ondo, delivered on 16 August 2012.
The appellant and two others were arraigned before the Ondo State High Court sitting at Ondo State on a two count charge of conspiracy to commit armed robbery and armed robbery, contrary to and punishable under sections 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, Cap. R11, Vol. 14, Laws of the Federation of Nigeria, 2004. The appellant and the other accused persons pleaded not guilty to the two count charge and the case proceeded to hearing. The prosecution called four (4) witnesses and tendered various exhibits.
PW1 is one of the victims of the alleged armed robbery incident that took place at his residence on 1 February 2008. He was at the material time a serving judge at the Ondo State High Court of Justice. PW2 is the son of PW1 and also a victim of the armed robbery incide…