CHIMA CENTUS NWEZE, J.S.C. (Delivering the Leading Judgment): On February 8, 2010, at the Kwara State High Court, Ilorin Judicial Division, the appellant herein, and three others, were arraigned for the offences of Criminal Conspiracy, Rape and Armed Robbery contrary to Sections 97 and 283 of the Penal Code, Laws of Kwara State of Nigeria, and Section 1 (1) and (2) of the Robbery and Firearms (Special Provisions) Act, Cap R11, Volume 14, Laws of the Federation of Nigeria, 2004, respectively. Nine witnesses presented the Prosecution's case.
Nine exhibits were equally tendered. The appellant testified in an attempt to establish his defence. He, however, did not call any other witness. The third accused person, sequel to his No Case Submission, was acquitted and discharged on July 9, 2010. The other accused persons were however not that lucky as on December 21, 2010, they were convicted and sentenced to two year's imprisonment for being in possession of stolen items of property under Sect…