NWALI SLYVESTER NGWUTA, J.S.C. (Delivering the Leading Judgment): Appellant and six others were arraigned before the Ibadan Judicial Division of the High Court of Justice, Oyo State. Appellant and 5 other accused persons were charged with one count of conspiracy to commit armed robbery contrary to Section 5(b) and punishable under Section 1 (2) (a) of the Robbery and Firearms (Special Provision) Act (Supra).
The 7th accused person was charged with one count of sheltering armed robber contrary to Section 5(b) and punishable under Section 1(2)(a) of the Act.
Before the commencement of the trial, two of the accused persons were reported dead and the third one was said to be at large. On the application of the prosecuting Counsel, the names of the said three accused persons were struck out and the trial of the remaining four accused persons opened, each of them pleading not guilty.
The prosecution called seven witnesses and closed its case.
Learned Counsel for one of the accused persons made…