ADAMU JAURO, J.C.A. (Delivering the Leading Judgment): The instant appeal is against the judgment of the Borno State High Court of Justice, Maiduguri Judicial Division delivered on 16th June, 2015 by Hon. Justice A.B. Kumalia in charge No.BOHC/MG/CR/63/CT.12/2013.
The facts resulting in this appeal can be briefly summarized as follows: The appellants were alleged to have conspired amongst themselves to commit armed robbery and in furtherance of the said agreement did attack the residents of Mallam Karamti village and some cattle rearers in the bush, while armed with guns. Based on the foregoing facts, the three appellants herein and one Shagari Isah were arraigned on a two counts charge of criminal conspiracy and armed robbery, punishable under Section 97(1) and 298(b) of the Penal Code.
The two counts charge is hereby reproduced thus:
CHARGE
COUNT ONE
That you Buba Mohammed Belli, Mani Adamu Dare, Adamu Dan Garba and Shagari Isah M all of Baga Town on or about the 22/6/2013 at Baga motor …