JOSEPH OKOSUN & ORS. V. ATTORNEY-GENERAL, BENDEL STATE

S. KAWU, J.S.C. (Delivering the Leading Judgment): On the 11th day of January, 1982, the appellants and one Theophilus Nwachukwu (alias Cotonue), were arraigned before the High Court of Bendel State, sitting at Benin, on a three count charge. All the four accused persons were charged on count one with conspiracy to commit the offence of armed robbery, punishable under section 34(b) of the Robbery and Firearms (Special Provisions) Act 1970. On the second count, the appellants were charged with armed robbery, punishable under section 1(2)(b) of the Robbery and Firearms (Special Provisions) Act 1970. The third count charged the 4th accused only with aiding and abetting armed robbery, punishable under section 34(a) of the Act.

All the accused persons pleaded not guilty to the charge, and at the end of the case, the learned trial judge came to the conclusion, on the totality of the evidence adduced, that the case against the 4th accused person, Theophilus Nwachukwu, had not been proved an…