HAMMA AKAWU BARKA, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Justice, Akwa Ibom State sitting in Uyo, delivered on the 17th of April, 2014. Before the court below, the appellant was the 1st accused person while one Victor Nkereuwem Edet was 2nd accused person. The appellant by the said judgment together with the said Victor Nkereuwem Edet, were convicted of conspiracy and armed robbery and sentenced to death.
It is on record, that on the 18th of April, 2012, appellant and his co-accused were arraigned on a two count charge which reads:
COUNT 1 STATEMENT OF OFFENCE
CONSPIRACY, contrary to section 556 (1) (f) of the Criminal Code, Cap 38, Vol. 2, Laws of Akwa Ibom State of Nigeria, 2000.
PARTICULARS OF OFFENCE
ETIMBUK ISREAL OKON, VICTOR NKEREUWEM EDET and others now at large on or about the month of December, 2010 at Idu Uruan, in Uyo Judicial Division conspired between yourselves to commit felony to wit: Armed Robbery.
COUNT II ST…