ADZIRA GANA MSHELIA, J.C.A. (Delivering the Leading Judgment): This is an appeal by the appellants against the judgment of Onyeabo J. of the Lagos High Court delivered on the 21st day of October, 2004 whereby appellants were convicted and sentenced to a term of 11 years imprisonment each for committing the offence of Conspiracy to commit armed robbery. The accused persons (hereinafter referred to as) appellants were arraigned on a two count charge of conspiracy to commit Armed robbery contrary to section 4(b) of the Robbery and Firearms (special provisions) Decree (now Act) 1984 and armed robbery contrary to section 12(b) of the Robbery and Firearms (special provisions) Decree (now Act) 1984. For case of reference and emphasis the two counts read as follows:-
"STATEMENT OF OFFENCE - 1ST COUNT
Conspiracy to commit Armed Robbery contrary to section 4(b) of the Robbery and Firearms (special provisions) Decree 1984.
PARTICULARS OF OFFENCE
Ndubuisi Nwabibia (m), Uchechukwu Ekpe (m) and Be…