On the 11th September, 1981, P. W. 1 was sent on an errand by P. W. 2, his father. He left for the errand from their 77 Adeniji Jones Avenue residence at 7.30 a.m. to one Chief Lamikanra who lives at Anthony Village, Ikorodu Road. P. W. 1 went in his mother’s Mercedes Benz 280. He drove it himself. The car bears Registration Number LA 6788K. P.W. 1 got to the residence of Chief Lamikanra. He parked the car and delivered the message to Chief Lamikanra. He returned to the car and drove off.

As he was about to enter the main tarred road, a Peugeot 504 saloon car suddenly blocked him from entering the road. Some men came down from the car and joined some others who were already at the junction. They converged on him with cutlasses in their hands. They forced the door of the Mercedes Benz open. They dragged him out of the car. He ran to save himself from further attack. The gang pursued him with cutlasses in their hands. P. W. 1 ran into the house of Doctor Beko Kuti. He telephoned the parents on the incident.

Thereafter he went to the scene of crime. The car had been taken away by the gang. They abandoned the Peugeot 504 saloon car. P. W. 1 and his parents reported the incident at the Pedro Station. They also made statements.

Later on the same day a policeman came from Badagry Police Station to the house of P. W. 2 and reported that the Mercedes Benz car had been recovered. P. W. 1 and P. W. 2 accompanied the policeman to Badagry and they identified the car. They also made statements at the Badagry Police Station.

There is also evidence that on the eventful day, the 3rd appellant contacted P.W.3, a motor mechanic at his workshop at Ajara Village to help change a tyre of the said Mercedes Benz car. As P. W. 3 was assisting the appellants to change the tyre of the car, P. W. 6, who had earlier received a tip off, came and arrested the appellant and P. W. 3.

The appellants were duly charged and prosecuted. The learned trial Judge found them guilty of the first count of conspiracy, and convicted them accordingly. He however did not find them guilty of robbery as charged. But he found them guilty of robbery under section 402 (1) of the Criminal Code. He therefore sentenced the appellants each to an imprisonment of 25 years on each count and the sentences were to run concurrently.