ABDU ABOKI, J.S.C. (Delivering the Leading Judgment): This appeal emanated from the judgment of the Court of Appeal, Lagos Division (hereafter called the "Court below") delivered on 9th of June, 2016, wherein the Court below set aside the judgment of the trial High Court of Lagos State, holden at Ikeja, which convicted the Respondent for the offence of conspiracy to commit robbery, and sentenced him to 21 years imprisonment, with hard labour.
The Respondent was charged along others, at the trial Court, as follows:
STATEMENT OF OFFENCE - 1ST COUNT
Conspiracy contrary to Section 403A of the Criminal Code Law, Cap C17, Vol. 2, Laws of Lagos State 2003.
PARTICULARS OF OFFENCE
Abraham Abiodun 'm', Michael Fafuru 'm' and Abiodun Akinbami 'm', on or about the 11th day of June, 2006, along Ikorodu Road, by Palmgrove Bus Stop, in the Ikeja Judicial Division, conspired together to commit Robbery.
STATEMENT OF OFFENCE - 2ND COUNT
Robbery contrary to Section 402(1) of the Criminal Code Law, Cap C…