Facts
The case against the Appellant was that on 27th June 2007, the Appellant and his confederates, under the pretense of rendering taxi-cab services, pounced on PW1 (Esther Osimen), beat her, and dispossessed her of her rings and cash before dumping her on the expressway. They fled with the taxi but soon had an accident with the car. The police recovered the cab and took the Appellant to the hospital. Unknown to the assailants, PW1’s phone had dropped into the cab. When PW1 later called the line, the police answered, enabling her to recount her ordeal. She identified the Appellant’s co-accused as one of the attackers, who in turn led police to arrest the Appellant.
The Appellant, alongside another accused person, were charged before the Ikeja Judicial Division of the High Court of Lagos State on a two-count charge of conspiracy to commit armed robbery and armed robbery. In proof of its case, the Respondent called three witnesses, including the victim – PW1, and tendered exhibits, including the Appellant’s confessional statements admitted as Exhibits E–E1. The Appellant testified for himself but called no witness. On 14th March 2013, the trial court convicted the Appellant of the lesser offences of conspiracy to commit robbery and robbery simpliciter, having found that the use of arms was not proved. The Appellant was thereby sentenced to twenty-one (21) years imprisonment.
