OYEBISI F. OMOLEYE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of the Federal Capital Territory holden at Abuja delivered on 5/9/07 by Hon. Justice A. M. Taiba.
The Appellant is standing trial on the following five-count charge of armed robbery and culpable homicide:
''COUNT ONE:
That you: Cosy Emenike Ezenwafor, 'M', 32 years of Efab Estate, Jabi - Abuja and others now at large on or at about 4/6/2007 at about 2000hrs at Gosa village along Airport Road, Abuja within the Jurisdiction of this Honourable Court did conspire with one another to commit felony to wit: Armed Robbery and you thereby by committed an offence punishable under Section 97 of Penal Code Law of the Northern Nigeria.
COUNT TWO:
That you: Cosy Emenike Ezenwafor, 'M', 32 years of Efab Estate, Jabi-Abuja and others now at large on or at about 4/6/2007 at about 2000hrs at Gosa Village along Airport Road, Abuja within the Jurisdiction of this Honourable Court did consp…