BABALAKIN, JCA (Delivering the Leading Judgment): Before the Lagos State High Court the 5 appellants and others were charged with the offence of conspiracy to commit robbery punishable under Section 403(A) of Criminal Code (Amendment No.1) Law, 1980 and robbery of various persons contrary to Section 402 (2)(a) of the Criminal Code (Amendment No.1) Law, 1980. They all pleaded not guilty to the charges. The prosecution called 8 witnesses to prove the charges against the appellants. The Appellants gave evidence in their defence.
Summarily the facts of this case are that the appellants armed with guns went to the house boat of Julius Berger Company on Lagos Lagoon on 8/9/82 and with threat robbed the inmate of various articles among which were Coloured Television, Radio, Cassettes player, Cameras, Bottle of Charms and a calculator. In the process they shot at the watchman attached to the place known as PAPA who died as a result of the shot.
During investigation, the 1st, 2nd, 3rd and 5th …