KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C. (Delivering the Leading Judgment): On 21/11/2002, 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 the 25th day of 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 Armed Robbery and Firearms (Special Provisions) Act Cap. 398 Law 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 the 25th day of March 1999 at Buvel Filling Station, No. 222 Muritala Muhammed Way Benin City in the Benin Judicial Division robbed the sum of seven h…