MOHAMMED AMBI-USI DANJUMA, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the High Court (Hereinafter referred to as the trial Court) sitting at Akure in Ondo State and delivered by his Lordship, Honourable Justice O. O. Akeredolu on the 25th day of January, 2012.
The appellant was the third (3rd) defendant in the trial Court and was charged with five other accused persons on a two count charge of conspiracy and Armed Robbery contrary to and punishable under Section 6(b) and 1 (2)(a) of the Robbery and Firearms (Special Provisions) Act Cap RII Vol. XIV Laws of the Federation of Nigeria 2004 respectively. The incident occurred along the Benin/Ore express Road on the 25th day of June, 2007 about 4.00am.
The appellant and the five accused persons pleaded not guilty to the two counts charge and the case proceeded for full trial. The prosecution called two (2) witnesses and tendered five (5) exhibits during the trial while the appellant did not call any wi…