HARUNA M. TSAMMANI, J.C.A. (Delivered the Leading Judgment): The Appellant and one other, to wit, Popoola Adebayo Rasaki, were charged before the High Court of Ekiti State, quoram, C.I Akintayo, J on three counts viz; conspiracy to commit a felony to wit: armed robbery, armed robbery and murder which are offences punishable under Sections 5(b), 1(2)(a) of the Robbery and Firearms (Special Provisions Act), Cap.398 Laws of the Federation of Nigeria, 1990 (as amended) and Section 319 of the Criminal Code (Cap. 30) Laws of Ondo State, 1978, as applicable to Ekiti State. At the trial, the 3rd count of murder was dropped and upon arraignment the Appellant and his co-accused pleaded not guilty to the two counts of conspiracy to commit armed robbery and the commission of the substantive offence of armed robbery.
At the trial, the prosecution called 8 witnesses in proof of their case and tendered exhibits A, B, C, D and E - E6 respectively. The Appellant and his co-accused testified in their d…