Sunday Iyaro (the appellant) and Godwin Nnawallue were jointly charged with Robbery and conspiracy to commit Robbery contrary to Sections 402(2) and 403A respectively of Cap. 32, Laws of Lagos State. They pleaded not guilty to both charges.

Witnesses where called by the prosecution to prove the charges as stipulated in section 137(1) of the Evidence Act. Both accused elected to give evidence on oath and also called witnesses - two for the 1st accused and one for the 2nd accused.

At the end of the trial, the learned trial judge, Kotun, J. considered the evidence adduced and made the following findings.

“Having regard to S.7 of the Criminal Code and the evidence placed before me, the 1st Accused and 2nd Accused are criminally liable for the act of armed robbery committed by the five men who were armed with daggers when they attacked the 1st P.W. and 2nd P.W. in taxi No. LA 3483 AL at Mile 2 on the 7th November, 1982.

I found that the prosecution has proved the case against the 1st Accused and 2nd Accused beyond reasonable doubt on Counts one, two and three of the charges.”

On appeal, the second accused was discharged and acquitted while the appeal of the appellant was dismissed.

Appellant filed an appeal to the Supreme Court.