JOHN INYANG OKORO, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal sitting at Makurdi, delivered on 25th April, 2018 wherein the appeal against the appellant's conviction by the Benue State High Court for conspiracy and armed robbery was dismissed. The appellant and his co- accused Agber Hueza were initially charged along with others, to wit: Terzingwe alias Love Fela and another person at large for the offences of criminal conspiracy and armed robbery punishable with death under Sections 1(2) (b) and 6(b) of the Robbery and Firearms (Special Provisions) Act, Laws of the Federation of Nigeria. 2010. However,the prosecution proceeded against the Appellant and his co-accused, Agber Hueza when the other accused persons could not be found in respect of the 1st, 2nd and 3rd of heads of Charge for the offences of criminal conspiracy and armed robbery punishable with death.
The Appellant and Agber Hueza who were tried together, were disc…