BULKACHUWA, J.C.A (Delivering the Leading Judgment): The three appellants along with 3 others were alleged to have conspired and committed armed robbery at the Divine Love Catholic Girls Secondary School. Katsina-Ala and robbed both the school and its staff of about N182.000.00 on or about the 14th day of March, 1999.
The appellants were arrested for the offence arraigned before the High Court Benue State and charged with the offences of criminal conspiracy and armed robbery under section 5(b) and 1(2)(a) of the Robbery and Firearms (Special Provision) Act. Cap. 398. Laws of the Federation of Nigeria. 1990.
The appellants pleaded not guilty to the charges, and the matter proceeded to trial. The prosecution called five witnesses and tendered 4 exhibits, the supposed statements of the appellants. The appellants each testified in his defence but called no additional witness. The 1st appellant tendered one exhibit while testifying.
At the close of evidence and address by counsel the lower…