F. F. TABAI, J.S.C. (Delivered the Leading Judgment): The Appellant was tried at the Ijebu-Ode Judicial Division of the High Court of Ogun State on a two count charge of conspiracy and armed robbery. The two count charge laid out runs as follows:
COUNT I
Segun Ogunsanya and others now at large on or about the 14th day of July 2001 at Igoya Imowa in the Ijebu-Ode Judicial Division conspired together to commit a felony to writ; Armed Robbery and hereby committed an offence contrary to Section 5(b) and punishable under Section 1(2) (a) of the Robbery and Firearms (Special Provisions) Act 1990 as amended by the Tribunals (Certain Consequential Amendments ETC) Act 1999.
COUNT II
Segun Ogunsanya and others now at large on the 14th day of July, 2001 at Igoya Imowo in the Ijebu-Ode Judicial Division while armed with offensive weapons to wit; guns robbed one Alhaji Oshikoya Yinka of the sum of N51,000.00 (fifty one thousand naira) and thereby committed an offence contrary to Section 1(2) (a) o…