SANUSI JCA (Delivering the Lead Judgment): The appellant herein and two other accused persons named Enejoh Benjamin and Ocholi Friday were jointly arraigned before the Kogi State High Court (hereinafter called “the lower court”)on an eight count charge ofconspiracy andarmed robbery, contrary to section 97(1) and section 298 of the Penal Code. At the end of the trial, the lower court found the appellant, as the first accused thereat, guilty of the four counts in the amended charge namely counts 1, 2 and 6, discharged and acquitted in counts 4, 7 and 8.
For ease of reference and clarity the five counts charged on which the appellant was convicted to various sentences are reproduced below:
Count 1 reads: “That you, Solomon Michael, Enejoh Benjamin and Ocholi Friday on or about 31 July 2007 at Maggi Restaurant,Ajaokuta Local Government Area within the Kogi State Judicial Division committed the offence of criminal conspiracy by doingan act to wit: you agreed to rob Mr.Aiyedun Kunle of hi…