AMINA ADAMU AUGIE, J.C.A. (Delivering the Leading Judgment): The Appellant was arraigned before the Lagos State High Court on 7/3/2011, and he pleaded not guilty to a charge of conspiracy to commit armed robbery and armed robbery against him. To prove its case, the prosecution called -
PW1, Corporal Joseph Ogunmiloro of the Gowon Estate Police Station, who testified that a complainant lodged a complaint that he and his wife were robbed at "Shasha", and dispossessed of their belongings, including mobile phones. They got information that armed robbers were sharing their loot, and went to the place in question where they rounded them up. The Appellant was arrested but two others escaped.
They recovered a cutlass and the mobile phones, and transferred the matter to the Special Anti-Robbery Squad for further investigation.
PW2, Kezie Gregory Nwachinemere, the Complainant, who testified that the incident occurred when he was escorting his wife to the Bus Stop at about 5.30 to 5.45am in the…