KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, JSC (Delivering the Leading Judgment): This appeal is against concurring findings by the two lower courts.
The appellant and one other were charged before the High Court of Edo State, sitting in Benin. The appellant, as the 1st accused was charged with conspiracy to commit armed robbery and armed robbery punishable under Section 1(2) (a) of the Robbery and Firearms (Special Provisions) Act Cap RII Vol. 14 Laws of the Federation of Nigeria (LFN) 2004. He was alleged to have robbed one Igbinakenzua Henry of the sum of N9,000.00 cash, two handsets (Zain and Dorado 02626), a wrist watch and a gold chain, while armed with a gun, battle axe and stabbing knife. The offences were alleged to have taken place on 17/10/2009 in the complainant's (PW2's) home.
The 2nd accused, Mohammed Abubakar, was charged with receiving a Zain handset from the appellant, knowing it to have been stolen.
Both accused pleaded Not Guilty to the charges against them. At the conc…