FRANCIS FEDODE TABAI, J.S.C (Delivering the Leading Judgment):The Appellant together with three others, namely; Samuel Attah, Vincent Friday and Hyginus Oformata were charged and tried at the Kano Judicial Division of the High court of Justice Kano on a two count charge of conspiracy and armed robbery. The charges were laid out as follows:-
THE FIRST HEAD OF CHARGE
"That you Samuel Attah, Vincent Friday, Ikechukwu Sunday and Hyginus Oformata on or about the 10th day of September, 2000 at Na'ibawa quarters Kano, within Kano Judicial Division agreed to do an illegal act to wit, rob the home of Alhaji Danjuma Ali Garko at Na'ibawa of money and jewellery and the same act was done pursuant to the agreement and that you thereby committed an offence contrary to section 5(b) of the Robbery and Firearms (Special provisions) Decree 1984 as amended by Decree No. 62 of 1999."
THE SECOND HEAD OF CHARGE
"That you Samuel Attah of Na'ibawa quarters, Vincent Friday of Unguwa Uku quarters, Ikechukwu Su…