CHIMA CENTUS NWEZE, JSC (Delivering the Leading Judgment): The appellant herein, with one Haruna Jato, were arraigned at the High Court of Kogi State, Kabba Judicial Division, on a two -count Charge of criminal Conspiracy and Armed Robbery contrary to Sections 97 (1) and 298 (c), respectively, of the Penal Code. Having pleaded not guilty to the charges, the case went to trial with the State calling PW1, the complainant and PW2, the Investigating Police Officer [IPO]. Exhibit Al, the appellant's statement, was also tendered in evidence. However, the Prosecution did not tender the knife and the motorcycle which were used for the act of robbery.
The appellant testified and was cross-examined. He did not call any witness. At the end of the trial, the High Court, Kabba Judicial Division, (hereinafter, simply, referred to as "the trial court''), finding that the case was proved as charged, convicted and sentenced the appellant to a fine of three months' imprisonment for the offence of crimin…