ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the Ekiti State High Court, delivered by Hon. Justice A. L. Ogunmoye on December 13th 2017, wherein the Appellant (2nd Defendant at the Court below) and one Abdulahi Umar (1st Defendant at the Court below), were discharged and acquitted on Counts 1 and 3 and the Appellant alone, convicted of robbery on Count 2.
Hereunder reproduced as contained on pages 132-133 of the printed Record before this Court are the offences with which they were charged:
COUNT 1
STATEMENT OF OFFENCE
CONSPIRACY, contrary to Section 6 (b) of the Robbery and Firearms (Special Provisions) Act Cap R II, Laws of the Federation of Nigeria, 2004.
PARTICULARS OF OFFENCE
ABDULAHI UMAR and MUSSTAPHA ALIU, on or about the 3rd day of December, 2015 along Igede/Aramoko Road in Ado Judicial Division did conspire together to commit felony to wit: Armed Robbery.
COUNT II
STATEMENT OF OFFENCE
ARMED ROBBERY, contrar…