MOJEED ADEKUNLE OWOADE, J.C.A.(Delivering the Leading Judgment): This is an appeal against the interlocutory Ruling and the Judgment of Chioma Nwosu - Iheme J. at the High Court of Imo State, Owerri Judicial Division sitting at Owerri.
The interlocutory Ruling on the admissibility of the confessional statement of the Appellant after a trial within trial was delivered on 10/2/2004. The Judgment of the court which convicted the Appellant (2nd Accused) and the 1st Accused of the offences of conspiracy and Armed Robbery was delivered on 22 - 2 - 2007.
The facts of the case are as follows:
The Appellant and the 1st Accused person (who claimed to be husband and wife) were charged on a two count charge with the offence of conspiracy, contrary to Section 5 (b) of the Robbery and firearms (Special Provisions) Act and Armed Robbery, contrary to Section 1 (2) (a) of the same cap. 398 Volume 22, Laws of the Federation of Nigeria 1990. Each of the Appellant and the 1st Accused pleaded not guilty t…