KATSINA-ALU, J.S.C.(Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Abuja Division delivered on 16 January 2007. The appellant and five others were the accused persons at the trial court. They were charged before Okene High Court on a two count charge of conspiracy and learned armed robbery as follows:
"That you Monday Lawal, Abu Osah, Enesi Lukman Abdullahi, Abdulazeez Hassan, Hassan Suberu, and Mohammed Ismaila on or about the 9th and 11th of August 2001 at Paul Nzeni and Benneth Onwugbufors Residence Iruvuchaba Okene in Okene Local Government Area within the Kogi State Judicial Division agreed to an illicit Act, to wit, you agreed to commit armed robbery at the premises of Paul Nzeni and Benneth Onwugbufors residence lruvucheba Okene and that same act was done in pursuance of the agreement and that you thereby committed the offence of criminal conspiracy punishable under section 97(1) of the Penal Code.
That you, Monday LawaI, Abu Is…