EKO JSC (Delivering the Lead Judgment): The appellant was arraigned and charged for conspiracy to commit armed robbery and the commission of armed robbery on 13 October 2011. He was jointly tried on 4 count charge with one Ibrahim Adeyeye. They each pleaded not guilty to the 4-count charge. The charges read thus:
Count one:
“That you Ibrahim Adeyemi and Olabisi Olakunle with Olaniyi and Taiye (at large) on or about the 13 October 2011 at Ojomo Estate Offa Garage, Ilorin, Kwara State within the jurisdiction of this honourable court conspired to commit an illegal act to wit; while armed with guns robbed one Adegbenle Olawale and you thereby committed an offence punishable under section 6(b) of the Robbery and Firearms (Special Provisions)Act, Law of the Federation of Nigeria, 2004.
Count two:
That you Ibrahim Adeyemi and Olabisi Olakunle together with Olaniyi and Taiye (at large) on Or about 13 October 2011 at Ojomo Estate, Offa Garage Ilorin, Kwara State within the jurisdiction of this …