UWANI MUSA ABBA AJI, J.C.A (Delivering the Leading Judgment): The Appellant was arraigned before High Court Idah, Kogi State on 3rd July, 2003 on a two count charge of criminal conspiracy and armed robbery contrary to Sections 97(1) and 298 of the Penal Code. The Appellant was on the 21st December, 2006 convicted and sentenced to five years imprisonment each on both the first and second count charges without the option of fine and the sentences to run concurrently.
The facts as adduced by the prosecution was that on or about the 2nd November, 2002, the Appellant in company of others at large, armed with guns and other dangerous objects robbed the occupants of Lana Estate, Idah, stealing their money, materials and injuring the complainant one Inspector Ogbaka Ochigbo when he was allegedly fired at by one "Omo boy" on the instruction of the Appellant. The said Inspector Ogbaka Ochigbo was alleged to have been dispossessed of the sum of N11,800,00, a video machine valued at N9,500,00 an…