KATSINA-ALU, J.S.C (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Benin Division, delivered on 28 June, 2004 which dismissed the appeals of the three appellants.
The appellants who were students of Oko Polytechnic, Anambra State, were jointly arraigned before the High Court of Delta State, Holden at Agbor upon an information containing two counts to wit:
"Statement of Offence Count I
Conspiracy to rob, contrary to section 4(b) and punishable under section 1(2)(a) respectively of the Robbery and Firearms (Special Provisions) Decree, 1984 as amended.
Particulars Of Offence
Golden Dibie (m), Friday Iyamah (m) and Godfrey Ujomu (m) on or about the 21st day of August, 1996 at Agbor in the jurisdiction of the Asaba Robbery and Firearms Tribunal, conspired with one another to commit a felony to wit: Armed robbery.
Statement of Offence Count II
Armed Robbery punishable under section 1(2)(a) of the Robbery and Firearms (Special Provisions) Dec…