<p><strong>BODE RHODES-VIVOUR JSC</strong> (Delivering the Leading Judgment): The Appellant, as accused person was arraigned before an Abeokuta High Court (Ogun State) on a two count charge which read:</p><p> COUNT 1</p><p> That you, Nnamdi Osuagwu and others still at large on or about the 27th day of November, 2001 at No, 2 School Road, Ibafo in the Abeokuta Judicial Division conspired together to commit a felony to wit. Armed Robbery and thereby committed an offence contrary to Section 5(b) and punishable under Section 1 (2)(a) of the Robbery and Firearms (Special Provisions) Act 1990, as Amended by the Tribunals (Certain Consequential Amendments, etc) Act 1999.</p><p> COUNT 2</p><p> That you, Nnamdi Osuagwu and others still at large on or about the 27th day of November, 2001 at No. 2 School Road, Ibafo in the Abeokuta Judicial Division, while armed with offensive weapons to wit: guns robbed one Mathew Romanus of the sum of N10,000,00 (Ten Thousand Naira) and thereby committed an offence contrary to and punishable under section 1…</p>