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AKINTAN JSC (Delivering the Lead Judgment): The appellant, Abu Isah, was arraigned before a Kogi State High Court as 2nd accused along with 5 (five) others on a two-count charge of criminal conspiracy and armed robbery punishable under sections 97(1) and 298(c) of the Penal Code respectively. The particulars of the offence are that, the said appellant conspired with the other co-accused named in the charge of conspiracy to commit armed robbery and that while armed with guns, machetes and cutlasses, he along with his co-accused, attacked and robbed one Paul Nzeni of N52,000.00 (fifty-two thousand naira) and Benneth Onwugbufor of N68,000.00 (sixty-eight thousand naira).
The appellant and his co-accused persons pleaded not guilty to each count of the charge. The trial then took place at Okene High Court of Justice before Olusiyi J. The prosecution led evidence in support of its case and each of the accused persons led evidence in their respective defence. At the conclusion of the trial,…