ALI ABUBAKAR B. GUMEL, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Ondo State High Court sitting in Akure delivered on 28th January, 2010. The Appellant was arraigned before the court on a two count charge of conspiracy and armed robbery under the Robbery and Firearms (Special Provisions) Act, Cap 398 Vol. XXII Laws of the Federation of Nigeria, 1990. The charge read thus:-
1. Conspiracy to commit armed robbery contrary to and punishable under S.5 (b) of the Robbery and Firearms (Special Provisions) Act.
2. Armed robbery contrary to and punishable under S.1 (2) of the Robbery and Firearms (Special Provisions) Act.
Upon arraignment, the Appellant pleaded not guilty to the 2 count charge. To prove the guilt of the Appellant, the Prosecution called and led evidence through 5 witnesses as well as tendered 6 Exhibits while the Appellant defended himself through his own oral evidence. He called no witnesses.
The case of the prosecution against the…