Facts
The Appellant and three others were charged before the High Court of Ekiti State, Ado-Ekiti Division, on a two-count Charge of armed robbery contrary to Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act Cap. R.11, Laws of the Federation of Nigeria, 2004. All accused persons pleaded not guilty to the counts.
The case of the Respondent, as chiefly narrated by the victim, Honourable Justice Ayewole Agbelusi, a Judge of the High Court sitting at Ijero-Ekiti (PW1), was that on 15th September 2012, on or about 3:am, the 1st accused person woke him from his sleep with a gun to his ear. According to PW1, he was able to see the 1st and 2nd accused persons when the 1st accused person switched on his reading light. PW1 remarked that both the 1st and 2nd accused persons were in his room and unmasked. Further, that while still at gun point, the 1st accused person demanded for his valuables. PW1, therefore, led the 1st accused person to where he kept N35,000.00 (thirty-five thousand Naira only), his handsets and other items. It was his evidence that while he was led out of the room by the 1st and 2nd accused persons, he met the Appellant, who was armed with a gun.
PW1 testified that he and his household were locked up in a toilet, though his daughters were taken elsewhere. He mentioned that about forty-five minutes later, one of his children jumped out through the toilet window and freed his household, realising that the armed robbers had left PW1’s home, in motorcycles. Subsequently, he immediately lodged a complaint at New Iying Police Station, Ekiti State, after which he and his household went to the hospital for treatment. PW1 later returned to the Police Station upon information that some suspects had been arrested. He testified that at the station, many suspects were lined up
and he was able to identify the accused persons as the armed robbers because they were wearing the same clothes they wore during the robbery. There was no evidence that PW1 gave the policemen a description of the alleged armed robbers, prior to the identification parade. PW1 added that another Identification Parade was carried out at the Police Headquarters sometime on 19th September 2022. During the exercise, PW1 and his daughter were able to identify the accused persons as the armed robbers.
