MUSA DATTIJO MUHAMMAD, JSC (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Abuja Division, hereinafter referred to as the court below, affirming the decision of the High Court of the Federal Capital Territory, hereinafter referred to as the trial court. The trial court's judgment was delivered on 25th March 2015 while the lower court's judgment being appealed against is dated 18th December 2017.
The appellant and two others, Mohammed Ibrahim and Peter Onuh, were arraigned on a three count charge of criminal conspiracy to commit armed robbery, armed robbery and unlawful possession of locally made pistol contrary to Sections 5(b), 1(2) and 3(1) of the Robbery and Firearms Special Provisions Act Cap 398 Laws of the Federation 1990. The 4th accused, Usman Sarki, was charged with receiving stolen property contrary to Section 317 of the Penal Code.
The four accused persons on arraignment pleaded not guilty to their respective charges. …