ONNOGHEN JSC (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of Appeal holden atAbuja in appeal No. CA/A/16C/2009, delivered on 12 July 2011, in which the court dismissed the appeal of the appellant against his conviction and sentence by the High Court of Kogi State in charge No. HC/31C/2005, delivered on 20 June 2008.
The facts of the case include the following:
The appellant and one Peter Iliya Azabade were alleged to have waylaid the deceased, one Mohammed Abubakar, along Akogun -Ozugbe road, KotonKarfe, in Kogi State on 9 August 2003 with the intention of robbing the deceased of his car. During the robbery, the appellant and Peter Azabade were armed with locally made pistols with which they shot and killed the deceased and depossessed him of his car, a red Nissan Saloon car with registration No. KOGI AA 969 KAF. The appellant and the co-accused were charged to the High Court of Kogi State on a three count charge of conspiracy, armed robbery and …