HAPPY KINGSLEY IDEMUDIA V. THE STATE

CLARA BATA OGUNBIYI, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Benin Judicial Division (herein called the lower court) delivered on the 19th day of January, 2011, affirming the judgment of the High Court, Delta State, Isiokolo Judicial Division, delivered on 19th day of June, 2008 in which the appellant was convicted of conspiracy to commit armed robbery and attempted armed robbery.

The brief facts of the case are that, the appellant was arraigned before the trial court upon a two (2) count charge of conspiracy to commit armed robbery and attempted armed robbery punishable under Section 1(2)(a) and Section 2(2)of the Robbery and Fire Arms (Special Provisions) Act Cap. 398 Vol. 221, LFN 1990.

The appellant pleaded not guilty to both counts. The case of the prosecution was that on or about the 21st day of February, 2006, the appellant in company of two others now at large, at Sanubi in the Isiokolo Judicial Division attempte…