JIMI OLUKAYODE BADA, J.C.A.(Delivering the Leading Judgment): This is an appeal against the Judgment of High Court of Justice, Benin City in the Edo State of Nigeria in Charge No. B/CD/99C/11 Between: STATE V. (1) OSABUOHIEN IDAHOSA (2) KINGSLEY OSAGIE (3) ALIYU ADAMU (4) EHIGIE UYIMWEN PETER delivered on the 4th day of August 2016 wherein the Appellant was tried on a one count charge of receiving punishable under Section 5 of the Robbery and Firearms (Special Provisions) Act Cap R11 Laws of the Federation of Nigeria 2004.
Briefly, the facts of this case are that the Appellant was charged on a one count charge of receiving a mobile phone obtained by Armed Robbery. He was charged along with three other accused persons at the trial Court. The three other accused persons were tried for Conspiracy and Armed Robbery.
At the conclusion of the trial, the learned trial Judge found the Appellant guilty as charged, convicted him on the count for receiving and sentenced him to 10 years imprisonme…