HUSSEIN MUKHTAR, J.C.A. (Delivering the Leading Judgment): This appeal emanates from the judgment of the High Court of Jigawa State, delivered by Hon. Justice Aminu Sabo Ringim on the 18th day of March, 2005, wherein the Appellant along other co-accused persons were convicted for the offences of conspiracy and armed robbery contrary to Sections 1(2)(b) and 5(b) of the Robbery and Firearms (Special Provisions) Act, LFN, 1990 and sentenced to death.
The trial was commenced, by the learned trial Judge, upon "an application to proffer a charge" dated the 3rd of June 2003, without first granting leave to proffer the charge under Section 185 (b) of the Criminal Procedure Code Law of Jigawa State. The Appellant alongside eight other persons were tried on the exhibited sample charge as follows:
1st Head:
That you Danliti Audu, Auwalu Nadabo Dan Ashaka, Adamu Abubakar Lalala, Yahaya Aliyu, Shua'ibu Idris Boka, Abdullahi Bala, Maigoro Ali, Audu Umar alias Gulabe and All Muhammed on or about the 30…