MARY U. PETER-ODILI, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal against the Ruling of the Honourable Justice H. A. Olusiyi of the High Court of Kogi State holden at Okene. In the Ruling which was delivered on the 28th day of May 2007, the learned trial Judge overruled the no-case submission of the Appellant and ordered him to put in his defence which decision Appellant was dissatisfied with and appealed to this court through a Notice and Grounds of Appeal the same day.
The charges against the appellant as accused with three others are on pages 1-2 of the record of appeal and reproduced hereunder:-
1ST HEAD OF CHARGE:
That you Momojimoh Audu, Nasiru Yahaya, Zuberu Iliyasu and Monday Alabi, on or about the 30th day of April, 2003 at Egbomina quarters Obehira in Okene Local Government Area of Kogi State within the Kogi State Judicial Division committed the offence of criminal conspiracy by doing to wit: Agreeing together to rob Abdullahi Ibrahim of the sum …