SAIDU TANKO HUSSAINI, J.C.A.(Delivering the Leading Judgment): The appellant and five others were arraigned at the High Court of Adamawa State, sitting in Yola, on a two-count-charge, for Criminal Conspiracy to Commit Armed Robbery and Armed Robbery, contrary to Section 5 (b) and Punishable under Section 1 (2) (b) of the Robbery and Fire arms (Special Provision) Act, Cap 398 Laws of the Federation of Nigeria, 1990.
Trial commenced immediately after the taking of the plea of accused persons including the appellant but at the close of the prosecutions case who called evidence of two (2) witnesses, the 3rd and 4th accused persons were each discharged, upon the submission of a no case to answer, made on their behalf.
The appellant and the 2nd and 6th accused persons, in consequence, presented their own defence case. They led evidence of witnesses. The 5th accused person was not that lucky. The man died. He died while in the custody of the prison authorities hence his name was struck out at …