JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Justice of Gombe State, delivered by Sa’ad Mohammad J., on 5th November, 2003. Therein, the Appellant was convicted for two counts of criminal conspiracy to commit armed robbery and belonging to a gang of thieves contrary to Section 1(2) of the Robbery and Firearms (Special Provisions) Act, Laws of the Federation, 1990 and Section 306 of the Penal Code respectively.
The facts giving rise to the appeal may be summarized as follows: vide a three-count charge, the Appellant (Danjuma Abu) was charged along with five other persons as follows:
"COUNT ONE (1):
That you Itama Jacob, Gowon Ahmadu, Isa Ibrahim, Danjuma Abu, Linus Paris, Babangida Mohammed, together with Aliyu Isa and Yakubu Adamu both deceased, on or about the 31st day of March, 2000 at Jankai quarters within Gombe Metropolis, while armed with a locally made revolver pistol with four rounds of 303 live ammunit…