JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the Judgment of the High Court of Justice, Warri Judicial Division in Delta State of Nigeria in Charge No. W/318C/2011 Between: THE STATE V. OVWIGHO UDJOR and ANOR delivered on the 30th day of April, 2014.
Briefly, the facts of the case are that the Appellant was charged with the offences of Conspiracy to commit Armed Robbery contrary to Section 6(b) and punishable under Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, Cap R11 Volume 14, Laws of the Federation of Nigeria 2004, Conspiracy to commit felony to wit: Rape, Punishable under Section 516(2)(a) of the Criminal Code Cap 21, Laws of Delta State 2006; and Rape punishable under Section 358 of the Criminal Code Cap 21, Laws of Delta State 2006.
At the trial, the Prosecution in proof of the case called four witnesses, PW1, PW2, i.e. the two victims of the armed robbery and rape, PW3, the investigating Police Officer and PW4 a …