HELEN MORONKEJI OGUNWUMIJU, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice C.O. Ogisi, judge of the Delta State High Court sitting at the Owa Oyibu Judicial Division delivered on 5th August, 2009 wherein the Appellant was convicted for the offences of conspiracy to commit armed robbery and armed robbery. The facts that led to this appeal are as follows. The Appellant was charged to court on a two-count charge of conspiracy to commit armed robbery and armed robbery. Both offences are punishable under S.1 (2)(a) of the Robbery and Firearms (Special Provisions) Act Cap R11, Vol. 14, Laws of the Federation of Nigeria, 2004. The particulars of the offences are stated thus:
PARTICULARS OF OFFENCE: COUNT I
DANIEL PETER on or about the 26th day of May, 2007 at Owa Oyibo within Owa-Oyibo Judicial Division conspired with others now at large to commit armed robbery.
PARTICULARS OF OFFENCE: COUNT II
DANIEL PETER on or about the 26th day of May, 200…