A. G. IRIKEFE, J.S.C. (Delivering the Leading Judgment): After hearing counsel for the parties in this matter, we allowed the appeal, set aside the conviction recorded against the appellant in the court of trial which had been upheld by the Court of Appeal and substituted therefore a verdict of acquittal. We indicated then, that we would give our reasons for doing so at a later date, and this we now do.
The appellant and one other person who was discharged at the end of the prosecution's case were charged before the Lagos State Robbery and Fire-arm Tribunal with robbery, punishable under Section 1 (2) (b) of the Robbery and Fire-arm (Special Provisions) Decree, 1970 as amended by Decree No. 48 of 1971 and Decree No. 29 of 1974. Upon conviction, the offence carried a peremptory sentence of death by firing squad.
The facts in this case are not in dispute. They run as follows: At about 10 p.m. on the night of 17th May, 1974, one Sunday Kolawole (4th P.W.) the driver of a taxi-cab No. LSA…