AUGIE JCA (Delivering the Lead Judgment): The appellants, who were arraigned before the Lagos State High Court, on a 3-count charge of conspiracy to commit robbery, armed robbery and robbery with violence, were convicted and sentenced to : “a total of 21 years imprisonment each with hard labour respectively.”
In finding them guilty, the learned trial judge, B. O. Shitta-Bey, J., relied on the testimony of the only witness called by the prosecution - Miss Mojisola Olowe, who testified as PW1 that she was attacked and robbed by some “touts” or “street boys” on 30 December 2003. Notwithstanding numerous adjournments, the prosecution could not call any other witnesses, and upon the application of defence counsel, the lower court closed the prosecution’s case on 21 November 2007. Defence counsel then made a no case submission that was overruled. The appellants were ordered to open their defence and they called their wives, who testified on their behalf as DW1 and DW2 respectively. Written…