TANI YUSUF HASSAN, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the High Court of Bayelsa State sitting at Yenagoa delivered on the 24th day of January, 2017 in Charge No: OHC/3C/2013 by Honourable Justice M.A. Ayemieye.
The Appellant and two other accused persons were arraigned before the High Court of Bayelsa State on two counts charge of Conspiracy and Armed robbery. The two counts charge read:
COUNT ONE
Conspiracy to commit felony contrary to Section 444(a) of Criminal Code Law, Bayelsa State, 2006.
PARTICULARS OF OFFENCE
Timi Okpo, Tombra Tiemo and Oyibo Phillip on the 9th day of December, 2012 at Agobiri Creek in Oporoma Judicial Division of Bayelsa State, conspired together to commit felony to wit: armed robbery.
COUNT TWO
Armed robbery (sea piracy) contrary to Section 329(2) of the Criminal Code Law, Laws of Bayelsa State, 2006.
PARTICULARS OF OFFENCE
Timi Okpo, Tombra Tiemo and Oyibo Phillip on the 9th day of December, 2012 at Agobiri Creek in Op…