MUSA DATTIJO MUHAMMAD, JSC (DELIVERING THE LEADING JUDGMENT): This is an appeal against the judgment of the Court of Appeal, Ilorin Division, hereinafter referred to as the lower Court, delivered on the 13th day of June 2013, setting aside the judgment of the Kwara State High Court, hereinafter referred to as the trial Court, in suit No. KWS/15C/2008, delivered on the 18th day of July 2008, convicting the respondents for the offence of conspiracy to commit armed robbery and armed robbery contrary to Sections 1(2) and 6(b) of the Robbery and Firearms (Special Provisions) Act Cap R11 Law of the Federation of Nigeria 2004.
At the trial Court, the prosecution tendered one locally made gun, two life cartridges and the statements of the accused persons as exhibits.
Each of the respondents testified for himself.
At the end of the trial, the three respondents along with one James Gwangwan were convicted as charged and sentenced to 14 years imprisonment each. James Gwangwan has had his conviction…