ALI ABUBAKAR BABANDI GUMEL, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of the Benue State High Court, Makurdi in change no. MHC/239C/94 delivered on 23rd March, 2005. The Appellant was arraigned before the High Count of Benue State on a 2 count change to wit: -
That you, IFEANYICHUKWU AKWUOBI on or about the 1st day of April, 2003 at about 0230 hours along Ugbokolo Local Government Area of Benue State within the jurisdiction of this Honorable Court agreed with three others (now at Large) and one other (now deceased) to do an illegal act to wit, commit armed robbery in a 911 Lorry with Registration No. XD 259 FGG which act was done in pursuance of the agreement and you thereby committed an offence punishable under section 5(6) of the Robbery and Firearm (Special Provision) Act Cap. 398 Firearm (Special Provision) Act Cap. 398 Laws of the Federal (Federation) of Nigeria 7990.
That you, IFEANYICHUKWU AKWUOBI on or about the 1st da…