CHIDI NWAOMA UWA. J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Honourable Justice M.A. Dipeolu of the Ogun State High Court, sitting in Abeokuta on 18th June, 2004.
The appellant was arraigned before the trial court on a six count charge of Conspiracy and Armed Robbery contrary to and punishable under Section 1(2)(a) and Section 5(b) of the Robbery and Firearms (Special Provisions) Act Cap. 398 Laws of the federation of Nigeria 1990.
The appellant pleaded not guilty to the charges while the prosecution called six witnesses at the trial. At the close of the prosecution's case, the appellant testified in his defence and called no witness.
The case of the prosecution is that on the 13th day of August, 1996 the appellant and others at large carried out an armed robbery operation at No.5, Temidire Ope-Oluwa Street, Ita Oshin in Ogun State during which several of the residents were robbed of their belongings. The appellant fled after the incident and w…