TIJJANI ABUBAKAR, JSC (Delivering The Leading Judgement): This appeal stems from the Judgment of the Court of Appeal llorin Division delivered on the 22nd day of March, 2016 wherein the lower Court set aside the conviction and sentence of the Respondent by the High Court of Justice Kwara State, sitting in llorin.
The summary of the facts giving rise to this appeal are that on the 10th day of December, 2007, the 2nd accused was among a gang of Armed Robbers who robbed a 14- seater passenger bus along Jebba/Bode Sa'adu Road. That on the aforesaid date, one Bode Samson was robbed along with other passengers in the Bus, of his SEGEM MY X telephone handset after the bus was stopped at Aderan Junction. The 2nd accused person with others ordered the passengers to disembark from the bus and further directed that all of them should lie down flat on the ground while the robbery operation lasted.
The robbery occurred between 5.00 pm and 5.30 pm. About a month thereafter and specifically on the 7th…