JIMI OLUKAYODE BADA, J.C.A. (DELIVERING THE LEADING JUDGMENT): This is an appeal against the Judgment of High Court of Justice, Kotonkarfe, Kogi State in Charge No. HCC/200/2008 - Olusola Adeyemi v. The State delivered on the 20th day of April, 2009.
The Appellant was arraigned before the lower Court on a two count charge as follows:-
That you Olusola Adeyemi and others still at large on or about the 10th day of June, 2007 in Lokongoma extension, Lokoja Local Government Area of Kogi State within the Kogi State Judicial Division agreed to do an illegal act to wit: to commit the offence of Armed Robbery against Engineer Raphael Olajide Sabo and the same act was done in pursuance of the agreement and you thereby committed an offence punishable under Section 97(1) of the Penal Code.
That you Olusola Adeyemi on or about the 16th day of June, 2007 at Lokongoma extension, Lokoja in Lokoja Local Government Area of Kogi State within the Kogi State Judicial Division while ar…