OLUKAYODE ARIWOOLA, JSC (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal Ibadan Division (hereinafter referred to as "court below") delivered on 22nd day of June, 2012.
The appellant had been charged along with three others on two counts as follows:-
Count I
That you, Lukman Olufeko (m) Idowu Okanlawon (m) Akeem Jimoh (m), Isikilu Olanipekun (m) and others now at large on or about the 18th day of August, 2002 at Ewi's compound Oke Efon area of Abeokuta in the Abeokuta Judicial Division conspired together to commit a felony to wit: Armed Robbery contrary to Section 5(b) and punishable under Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act Cap. 398, Laws of the Federation of Nigeria, 1990 as amended by the Tribunal's (Certain Consequential Amendments etc) Act, 1999.
Count II
That you, Lukman Olufeko (m), Idowu Okanlawon (m), Akeem Jimoh (m), Isikilu Olanipekun (m) and others now at large on or about the 18th day of Augu…