EMMANUEL GBAHABO ZAKAL NYAN KAZEEM ADEWOYE V. THE STATE

MUKHTAR JCA (Delivering the Lead Judgment): The appeal is against the judgment of the High Court of Kwara State delivered by M. Abdul-Gafar, J. on 18 July 2008 in case number KWS/15C/2009 wherein the appellants were each convicted for conspiracy to commit armed robbery.

The learned trial judge held thus:

“I find that you Emmanuel Gbahabo, James Gawan, Zakal Nyan and Kazeem Adewoye on or about 4 July 2006 at Ajaseipo-Offa a Federal Highway, Kwara State within the jurisdiction of this court did conspire and agreed to commit robbery by barricading Ajaseipo Offa Federal Highway while armed with guns and your thereby committed an offence contrary to section 6(b) of the Robbery and Firearms (Special Provision) Act, Cap. R11, Law of the Federation of Nigeria, 2004 and I hereby find you guilty as charge and convict you accordingly.”

The three appellants were arraigned along with five others before the lower court on a two count charge of criminal conspiracy to commit armed robbery, contrary t…