OGHENEMARO KESENA V. THE STATE

JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): This Appeal is against the Judgment of the Benue State High Court sitting in Makurdi in Suit Number MHC/58c/2009, delivered on 31st October, 2012 by Kpojime, J.

The Appellant was tried and convicted on a two-count Charge for the offences of criminal conspiracy and armed robbery punishable under Sections 6 (b) and 1(2) (a) of the Robbery and Firearms (Special Provisions Act) Cap. R11, Laws of the Federation of Nigeria, 2004, and sentenced to death. The two-count charge read as follows:

COUNT ONE

"That you, Ogenemaro Kesena together with Usman and Sylvester who are now at large on or about the 24th August 2004 at about 1945hrs at North Bank Makurdi, Makurdi Local Government Area of Benue State within the jurisdiction of this Honourable Court agreed to do an illegal act to wit: commit armed robbery in the pharmacy shop of Napoleon Agiri which act was done pursuant to said agreement and you thereby committed an offence punishab…