JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the judgment of Ogun State High Court, Ijebu-Ode Judicial Division in Charge NO. HCJ/2C/2014: THE STATE v. (1) EJIOFOR JOSHUA (2) CHIKWADO MICHAEL delivered on 7/4/2017 wherein the Appellant was found guilty of the offence of Armed Robbery contrary to Section 1 (2)(a) of the Robbery and Firearms (Special Provisions) Act Cap R11 Laws of the Federation of Nigeria, 2004 and sentenced to death by hanging.
Briefly, the facts of the case according to the Prosecution was that, on 22/11/2012, at about 7.30pm one Ariyo Alade Ibinu (PW1) was on his way from Warri, Delta State to Ibadan, Oyo State. He stopped at the Ijebu-Ode toll gate to eat and rest a little bit. On his return to the vehicle, he was accosted by armed robbers among whom was the Appellant. He was attacked at gun point, and his mobile phone, valued N10,500 was collected. The Appellant and the others were later arrested, handed over to Police a…