KEKERE-EKUN JSC (Delivering the Lead Judgment): On

21 November 2002, the appellant and three others were charged before the High Court of Edo State, sitting at Benin City (the trial court) on a two-count charge of conspiracy and armed robbery as follows:

Count 1

That you Jude Maduka Obi, Okechukwu Maraire,

Osamede Abbey and Francis Ehebholo, on or about 25 March 1999 at Buvel Filling Station, No. 222, Muritala Muhammed Way, Benin City, in the Benin

Judicial Division, conspired with each other to commit a felony to wit: armed robbery and thereby committed an offence punishable under section 1(2)(a) of the Robbery and Firear ms (Special

Provisions) Act, Cap. 398, Laws of the Federation of Nigeria, 1990. Count 2

That you Jude Maduka Obi, Okechukwu Maraire, Osamede Abbey and others now at large on or about 25 March 1999 at Buvel Filling Station, No. 222, Muritala Muhammed Way, Benin City, in the Benin Judicial Division robbed the sum of N764,438.83 (seven hundred and sixty-four thousand, fou…