OYEBISI FOLAYEMI OMOLEYE, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Justice, Delta State, sitting in Warri, delivered on 28th May, 2008.
The Appellant, Ogheneruemu Ibane was arraigned before the trial Court on a three-count charge of conspiracy to rob and armed robbery contrary to and punishable under Sections 5(b) and 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, Cap. 398, Vol. XXII, Laws of the Federation of Nigeria, 1990. The three counts with their particulars are for easy reference reproduced hereunder as follows:
STATEMENT OF OFFENCE: COUNT I
Conspiracy to rob, contrary to Section 5(b) and punishable under section 1(2)(a) of the Robbery and Firearms (special provisions) Act, cap. 398, Volume XXII, Laws of the Federation of Nigeria, 1990.
PARTICULARS OF OFFENCE
Ogheneruemu Ibane (m) on or about the 7th day of June, 2003, at Effurun within Effurun Judicial Division, conspired with others now at large to com…