WALTER SAMUEL NKANU ONNOGHEN, J.S.C.: (Delivering the Leading Judgment): This is an appeal against the Judgment of the Court of Appeal holden at Abuja, in appeal No. CA/A/16C/2009 delivered on the 12th day of July, 2011 in which the court dismissed the appeal of appellant against the Judgment of the High Court of Kogi State in charge No. HCL/31C/2005 delivered on 20th June, 2008 convicting appellant of the offence of criminal conspiracy, armed robbery and culpable homicide punishable with death and for which he was sentenced accordingly.
Appellant, together with one Adamu Saliu, were charged on a three count charge with the following offences before the High Court of Kogi State holden at Kotonkarfe:
"COUNT 1:
That you Adamu Saliu and Peter Iliya Azabada on or about the 9th day of August, 2003 at Akpogu-Ozugbe Road, Koton-Karfi in Kogi Local Government Area within the Kogi State Judicial Division agreed to do an illegal act to wit: you agreed to commit armed robbery and culpable homic…