A. M. MUKHTAR, JSC (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Ilorin Division, which affirmed the decision of the High Court of Kwara State. In the High Court the appellant was arraigned on the following two counts charge which read as follows:-
"Count one
1. That you Bello Shurumo, Manu Namuj (sic) (at large), Doju Namujere (at large) and Tanu Namujere (at large) on or about the 13th day September, 2006 at Alikaikai via Aderan village Edu (sic) L.G.A. within the jurisdiction of this Honourable court did conspire to do an illegal act to wit Armed robbery and you committed an offence contrary to section 97 of the penal Code.
2. That you Bello Shurumo, Manu Mamuj (at large), Doju Namujere (at large) and Tanu Namujere (at large) on or about the 13th day September 2006 at Alikaikai via Aderan village Edu (sic) L.G.A. within the jurisdiction of this Honourable Court robbed one Mohammed Natata at gun point and carted away the sum of N2,…