OLUKAYODE ARIWOOLA, JSC (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Ibadan Division delivered on the 12th day of October, 2011, wherein the conviction and sentence of the appellant for the offences of conspiracy to commit armed robbery and armed robbery were affirmed.
The appellant and two others had been arraigned and jointly charged before the High Court of Justice of Ogun State sitting in Ijebu Ode, with the following offences:
Count I
Conspiracy to commit armed robbery contrary to Section 6(b) and punishable under Section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act, (Cap. R.11), Laws of the Federation of Nigeria, 2004.
Count II
Armed Robbery contrary to Section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act, Cap, R11, Law of the Federation of Nigeria, 2004.
The facts of the case are as follows: Upon arraignment, the appellant had pleaded not guilty as the other two co-accused. The prosecution called…