PETER-ODILI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of Honourable Justice S. I. Husseni of the High Court of Justice Anyigba. Kogi State dated 4th June, 2004 convicting both 1st appellant and the 2nd appellant for terms of imprisonment of eight years in count 1 for the offence of conspiracy and one year imprisonment or N5,000.00 fine in lieu of imprisonment for the offence of mischief under section 327 of the Penal Code and a term of imprisonment of eight years and N10,000.00 fine each for the offence of Armed Robbery under section 298 of the Penal Code. The terms were ordered to run concurrently.
Statement of Facts:
On the 16th August, 2001 at about 2.00 am, Joel Ibrahim Okolo, Dupe Joel, David Abimaje and Alani Joel were sleeping in their various rooms and houses at Ojiapata village in Dekina Local Government Area of Kogi State when a group of persons who were dangerously armed with short guns and hammers broke into their houses and forced J…