BODE RHODES-VIVOUR, J.S.C. (Delivering the Leading Judgment): The appellant was one of two accused persons charged and arraigned before the Kaduna High Court of Kaduna State on two counts which read:
Count 1
That you, Bright Chibuike and Chukwuka Ogudo, on or about the 16th day of April, 2001, at Buruku Forest along, the Kaduna - Lagos road, conspired to do an illegal act to wit, to block the road and rob passers-by of their properties and by so doing, you committed the offence of criminal conspiracy, punishable under Section 97 of the Penal Code Law, Laws of Kaduna State 1991.
Count 2
That you, Bright Chibuike and Chukwuka Ogudo, on or about the 16th day of April, 2001, at Kaduna Lagos Road, by Buruku Forest, blocked the road with woods, stones and robbed passengers in a commercial bus of their money, and by so doing, committed the offence of Armed Robbery, punishable under section 1(a) (b) of the Robbery and Firearms (Special Provisions) Act Cap 398 LFN 1990.
The appellant and Brigh…