BARKA JCA (DELIVERING THE LEADING JUDGMENt): The appeal is against the decision of the High Court of Justice, Ilorin, in suit No. KWS/36C/2011, between The State v. Omotayo Isa, decided on 1 July 2014, wherein the appellant and three others were found guilty and convicted for the offences of criminal conspiracy and armed robbery under sections 1(2) and 6(a) of the Robbery and Firearms (Special Provisions) Act, Cap. R11, Laws of the Federation of Nigeria. The prosecution’s case is anchored on the facts that the appellant who was charged as 4th accused person before the trial High Court, along with three others on a two-count charge of conspiracy and armed robbery, on 18 February 2011 while armed with guns and other dangerous weapons invaded the Rockfield Petrol Filling Station, Ilorin Kwara State and robbed one Abdulrahman Aliyu, a petrol sales attendant of the proceeds of sale and the handsets of his colleagues.
While the 1st accused person was allegedly arrested at the scene of crime …