MODUPE FASANMI J.C.A. (Delivering the Leading Judgment):This is an appeal against the judgment of the High Court of Ogun State sitting at Abeokuta. The judgment was delivered on 21st June 2005. Appellant was arraigned on the 18th of November, 2003 on a one count charge of attempted Robbery contrary to Section 2(1) of the Robbery and Firearm (Special Provisions) Act 1990 as amended by the Tribunals (Certain Consequential Amendment, Etc) Act 1999. Appellant pleaded not guilty to the charge. The Respondent in discharging the burden of proof called five witnesses at the trial and tendered 5 exhibits.
Appellant gave evidence on his behalf and called one witness. At the end of the trial, Appellant was found guilty as charged. He was convicted and sentenced to life imprisonment.
The brief facts of the case are that on the 26th of Nov. 2002 at about 8.00 p.m., the Appellant went into a video rental shop at Saje Maternity Clinic Saje area of Abeokuta and requested for the owner of the shop. H…