STANLEY SHENKO ALAGOA, JCA (OFR) (Delivering the Leading Judgment): In the High Court of Justice Ijebu-Ode, Ogun State of Nigeria, the Appellant as 2nd accused along with two others were charged with the following offences -
COUNT 1
STATEMENT OF OFFENCE
CONSPIRACY TO COMMIT ARMED ROBBERY contrary to section 6(b) and punishable under section 1(2)(a) of the Robbery and Firearms (Special Provisions) Ad, (Cap R.11), Laws of the Federation 2004.
COUNT II
ARMED ROBERRY contrary to section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, Cap R. 11, Laws of the Federation of Nigeria 2004.
The case for the prosecution was that on the 7th May 2007 at about 9.30p.m. one Osiyemi Niyi, Managing Director of FAO constant petroleum at Irese, Ijebu ode and who in the course of trial testified as PW1 had closed for the day at the Filling station. He took with him while driving away from the Filling station the sum of three hundred and fifty five thousand, one hundred and fifty naira which …