JAMES GAMBO ABUNDAGA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of High Court of Osun State sitting at Iwo, delivered by Hon. Justice M.A Adeigbe on 17th February, 2017 in Suit No: HIW/7/2013.
The judgment is predicated upon the trial of the Appellant who together with one Sunday Isha were charged with the offences of conspiracy to commit a felony, to wit, armed robbery contrary to Section 6 (b) of the Robbery and Firearms (Special Provisions) Act, Cap R11, Laws of the Federation of Nigeria, 2004; and armed Robbery contrary to Section 1(1) and (2) of the Robbery and Firearms (Special Provisions) Act, Cap R11, Laws of the Federation of Nigeria, 2004. They both pleaded not guilty.
The facts leading to the charge can be briefly summarised as follows:
On 2/5/2012 at about 7-10Pm, the victim (herein, Esther O. Aladete a staff of DSS who was then attached to Ile-Ogbo as the officer in charge of the DSS office there, was watching NTA News in her rented re…