MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the Judgment of Hon. Justice M.O. Adewara of Kwara State High Court sitting at Ilorin in Charge No. KWS/31C/2011.
The Appellant was arraigned on a two count charge of conspiracy to commit armed robbery contrary to Section 97 of the Penal Code Law of Kwara State and Armed Robbery Contrary to Section 1(2) of Robbery and Fire Arms (Special Provision) Act Cap. R 11, Laws of the Federation of Nigeria, 2004.
The case of the prosecution was/is that on 17/11/2010, a day after Ileya Festival in the morning, Alhaji Shehu Dan-Imam (PW2) was in his house at Gbagba, Oke-Odo, Airport Road, Ilorin together with members of his family when he heard a knock at his gate. When the gate was opened, it was the Appellant and one other armed with gun.
The Appellant threatened to kill him and members of his family if they dared to shout. Thus, the Appellant collected the two (2) phones and Ten Thousand Naira (N10, 000:00)…