The appellant, in company of two others still at large, on 17th day of July, 1981 at about 4.30 p.m. along the Express Way leading to Murtala Muhammed International Airport, and armed at the time with offensive weapons to wit, pistols, intercepted a peugeot pickup van with the registration number LA 8065 ME, property of Starco Motors Limited, and under the treat of the said arms, particularly by the appellant, robbed Samuel Ajibua (PW.1) and Timothy Abiodun (PW.2) of the pickup, the sum of N4, 521.5K in cash, and two cheques for the sum of N1,728.15 and N5,525.00 respectively.

While escaping from the scene of the accident with their loot, the appellant threw the pistol he was holding into the van. When he attempt to jump into the van to join his colleagues he slipped and fell down. The two others drove away in the van while the appellant was pursued and apprehended by P.W.1 and P.W.2 with the help of other people around the scene of the accident. With the help of a policeman, the appellant was taken to the Police Station at the Local Airport.

The van was, on 31st July 1981 recovered abandoned at Ilasamaja area and was towed to C.I.D. Police Station, Panti.

The fact of the appellant’s case, brief stated are as follows: That on 17th July, 1981, at about 3.p.m, he left his house to the Airport to meet Umo Etuk Udoh, whom he described as his friend. On reaching there, he was told that Etuk had gone to Apapa and decided to wait for him. Later he changed his mind and decided to return to his house. It was on his way that he saw people returning towards the Airport and on enquiry, he was told that armed robbers were operating on the way and so he joined in running for safety. In the course of that, he collided with another man and both of them fell to the ground. The two started fighting and the other man raised an alarm shouting “thief” referring to the appellant. This attracted part of the running crowd to the scene of the alarm and they started to beat the appellant. He was consequently rescued by a policeman and was taken to the Police Station. He denied committing any armed robbery or participating in any.