DANIEL-KALIO JCA (Delivering the Lead Judgment): This appeal is in respect of a criminal matter. In 2009, the appellant, Muse Tayo was charged before the High Court of Ogun State (the lower court) with the following offences.
Count I Conspiracy to commit armed robbery contrary tosection 6(b) and punishable under section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, Cap R.11, Laws of the Federation of Nigeria, 2004.
Count II Armed robbery contrary to section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, Cap R.11, Laws of the Federation of Nigeria, 2004. Counts III and IV were like counts I and II, for conspiracy to commit armed robbery and armed robbery. The particulars of the offence under count I showed that the appellant and another person now at large on or about 22 June 2006, along Refuge Camp Road, Oru-Ijebu in the Ijebu- Igbo Judicial Division conspired together to commit armed robbery. The particulars of offence under count II were that the app…