I. T. MUHAMMAD, J.S.C. (Delivering the Leading Judgment): The antecedent of this appeal is quite revealing. A two-count charge of conspiracy and robbery was filed against the appellant and some others at the High Court of Justice, Kogi State holden at Okpo (the trial court). The accused persons were alleged to have, on the 15th day of June, 2008, at Itutekpa in Olamaboro Local Government Area (LGA), conspired and robbed one Simon Ugwu in his residence, his wife and their daughter of various sums of money and other valuables. The 1st accused was allegedly arrested at the scene of the crime by one Simon Ugwu, the complainant. Others took to their heels. The 1st accused made statement that led to the arrest of the 2nd accused while others could not be traced.
During arraignment, the two accused persons denied the charges against them. At the trial, the prosecution called one witness, the Investigating Police Officer (IPO). Each of the accused persons testified in his own defence and calle…