MUHAMMAD JSC (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of Appeal holden at Makurdi delivered on 19 December 2013, affirming the conviction and sentence of the appellant by the Benue State High Court for conspiracy to commit robbery, an offence punishable under section 5(a) and (b) of the Robbery and Firearms (Special Provisions) Act, Cap. 398, Laws of the Federation, in the latter’s decision of 26 February 2003. The Court of Appeal from which the appeal arose will, in the judgment, be referred to as the lower court while the Benue State High Court will be referred to as the trial court. The summary of the facts that brought the appeal are herein under stated at once.
The appellant along with five others were initially charged for conspiracy and armed robbery punishable under sections 1 and 5 of the Robbery and Firearms (Special Provisions) Act, Cap. 398, Laws of the Federation of Nigeria, 1990. At the close of the case for the prosecution, thre…