TOBI, J.C.A (Delivering the Leading Judgment):
This is yet another armed robbery case. The appellants are three. They were charged with conspiracy to commit armed robbery under section 403 A of the Criminal Code Law of Lagos State. That is the first count. They were also charged with the substantive offence of robbery under section 402 (2) (b) of the same code. That is the second count.
Armed robbery is quite rampant in this country, particularly in recent times. And more particularly in the Lagos Area. So also are the appeals to this court. We get them very regularly. They come almost every other day. The trend is not only alarming but fairly frightening. But that is beside the point. Our concern here is with the legal position in relation to the facts. Let me first tell the story before the law and all that.
On 11th September, 1981, P. W. 1 was sent on an errand by P. W.2, his father. He left for the errand from their 77 Adeniji Jones Avenue residence at 6.30 a.m. to one Chief Lamikanr…