HAMMA AKAWU BARKA, J.C.A. (Delivering the Leading Judgment): The Appeal is against the decision of A.N. Awulu of the Kogi State High Court of Justice sitting at Ankpa in case No: AHC/8c/2015, wherein appellant and one other, were each sentenced to two years imprisonment for criminal conspiracy and 10 years each for armed Robbery.
The Appellant and one Femi Simon were arraigned before the Kogi State High Court, charged with the offences of conspiracy, rape and armed robbery. The three count charge read to the Appellant and his co-accused, to which they pleaded not guilty are as follows:
1st head Charge
That you, Vincent Egwuche, Femi Simon, and others presently at large, on or about the 5th day of August, 2014 at Igah Ikeje, in Olamaboro Local Government Area, within the Kogi State Judicial Division, agreed to do an illegal to wit: to commit armed robbery and rape on one Asema Titus and his wife Esther Akoh, and that the same acts were done in pursuance of the agreement and you thereby co…