ABOKI, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Kaduna Division, (hereafter to be called the court below), delivered on the9th of February, 2016.
The appellant and the other accused persons were convicted and sentenced to death by hanging for the offences of conspiracy and armed robbery contrary to sections 5(b) and 1(1)(b) respectively, of the Robbery and Firearms (Special Provision) Act, Cap. 398, LFN,1990 (as amended). The charges against them in the charge sheet read as follows:
That you, Adekole Ehoche ‘M’ 24 yrs applicant of No.37/51 Waziri Street, Unguwan Yelwa Saban Tasha Kaduna; Peter Hassan Sunday ‘M’ 24 yrs, student of No. 7A, Federal Staff Quarters, Barnawa Kaduna; andyou Mohammed Aliyu ‘M’ 26yrs, Student of No. 4B,Dala Road, Unguwan Rimi, Kaduna; on or about the2nd of November, 2006, at Gwari Avenue, Barnawa, Kaduna, within the jurisdiction of the High Court of Kaduna State, did conspire amongst yourselv…