COMMISSIONER OF POLICE V. TEMITOPE ABIOLA & EMMANUEL EBUKA

PETER OLABISI IGE, JCA (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Justice, Federal Capital Territory delivered on 8th December, 2020 discharging and acquitting the Respondents of offences contained in the two Count Charge filed against them by the Appellant.

The Appellant had arraigned the said Respondents before the aforesaid Court on two Count Charge which reads as follows:-

"CHARGE

COUNT ONE

That you Temitope Abiola male of No. 21 Bazango village Abuja, Emmanuel Ebuka male of 3rd Avenue Gwarimpa and others  now  at  large  on  or  about  2rh  of  January, 2016 at about 0400hrs, at Kano State Liaison staff quarters Gwarirnpa Abuja within the Abuja Judicial Division, did conspire among yourselves to commit an offence to wit: Armed Robbery; you thereby committed an offence punishable under section 97 of the Penal Code Law.

COUNT TWO

That you Temitope Abiola male of No. 21 Bazango village Abuja, Emmanuel Ebuka male of 3rd Avenue Gwarimpa and o…