MOHAMMED LAWAL GARBA, J.S.C. (Delivering the Lead Judgment): The Respondent was arraigned before the Bayelsa State High Court, Yenagoa, (trial Court) by the Appellant on a two (2) counts charge as follows:-
“COUNT 1
STATEMENT OF OFFENCE
CONSPIRACY contrary to Section 444 (a) of the Bayelsa State Criminal Code Law Cap. 14, Laws of Beyelsa State, 2006.
PARTICULARS OF OFFENCE
You OVONIZEBE EFEREBO with others at large on or about the 30th day of October, 2016, at Yenegoa, within Yenagoa Judicial Division of Bayelsa State conspired to commit a felony, namely, robbery.
COUNT 2
STATEMENT OF OFFENCE
ROBBERY contrary to Section 329 (2) of the Bayelsa State Criminal Code Law Cap, 14, Laws of Bayelsa State, 2006.
PARTICULARS OF OFFENCE
You OVONIZEIBE EFEREBO with others at large on the 30th day of October, 2016, at about 1020hrs, at Yenizue-gene, off Otiotio Road, Yenagoa, within Yenagoa Judicial Division of Bayelsa State, while aimed with guns and other offence weapons robbed Mr. Mathew Ziworitim and o…