ADAMU JAURO, J.C.A. (Delivering the Leading Judgment): The appeal herein is against the judgment of the High Court of Justice Borno State, Maiduguri Judicial Division delivered on 17th January, 2017 by Hon. Justice F. Umaru in charge No. BOHC/MG/CR/19/2016.
The facts culminating in the appeal can be summarized as follows: That on the 16-2-2015 at about 2040 hours, Lance Corporal Nkem Dibie (the appellant herein) of 199 Multinational Joint Task Force under the 7th Division of the Nigerian Army, along with one Seaman Isah Abubakar of the Nigerian Navy attached to Armed Forces Special Force under 7th Division of the Nigerian Army in company of 3 other civilians namely Ali Grema, Yunusa Abdulrahman and Bukar Kyari met at Royal Hotel along Baga Road Maiduguri and agreed amongst themselves to commit armed robbery. In furtherance of actualizing their dubious and nefarious intention, Mr. Nkem Dibie dressed in an Army uniform and armed himself with an AK47 Rifle with 30 rounds of live ammunitio…