JOSEPH EYO EKANEM, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Benue State, sitting in Makurdi (the trial Court) (Coram: Onum, J) in charge No. MHC/43/2009 delivered on 29/9/2010. In the judgment, the trial Court found the appellant guilty of the offences of criminal conspiracy and armed robbery punishable under Sections 6 and 1 of the Robbery and Firearms (Special Provisions) Act Cap R11, Laws of the Federation of Nigeria, 2004. He was accordingly sentenced to death for both offences. The appellant, aggrieved by the decision and sentence has appealed to this Court by way of a notice of appeal.
The relevant facts of the case leading to this appeal are that the appellant (as 1st accused person) was charged with two other persons for the offences of conspiracy with other persons at large and armed robbery contrary to Sections 6(b) and 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act Cap. R. 11, Laws of the Federation of…