HAPPY KINGSLEY IDETUDIA
V.
THE STATE
CHIOMA EGONDU NWOSU-IHEME (Ph.D), J.C.A. (Delivering the Leading Judgment): The Appellant in this criminal appeal was arraigned before the High Court of the Isiokolo Judicial Division of Delta State presided over by F.O. Oho J. on an information of two count charge of conspiracy to commit armed robbery and attempted armed robbery. The prosecution's case against the Appellant was that on 21/2/06 at about 11.30pm while one Samuel Odorume (who testified as PW2) and his wife were returning to their house from a journey, the Appellant and about four other persons accosted them and the Appellant whom PW2 had known earlier ordered PW2 to throw away the cigarette he was smoking. As he did so, the Appellant who was armed at the time and the other persons including one Stanley and another called Aboki then searched him under gun point and found the sum of N50.00 (fifty naira) on him. Although they returned the money stating that they were not there to steal N50.00, the Appellant threatened to T…