TITUS SIMON V. THE STATE

ABOKI JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Kaduna State High Court, delivered on 6 June 2011 by G. Kurada J., whereby the appellant was convicted and sentenced to death for the offences of criminal conspiracy and armed robbery.

The two-count charge against the appellant who was the 2nd accused person and 4 others he was charged along with is as follows:

The charge

“ Count one ”

That you, Richard Goni, Titus Simon, Luka Adamu, Dan Kagoma (at large) and Mathew (at large) , on or about 28 August 2008, agreed to do an illegal act to wit: armed robbery. Which armed robbery you carried out in pursuance of the said agreement and you thereby committed the offence of criminal conspiracy punishable under section 6(b) of the Robbery and Firearms (Special Provisions) Act, Cap. R11, Laws of the Federation of Nigeria, 2004.

“ Count two ”

That you, Richard Goni, Titus Simon, Luka Adamu, Dan Kagoma (at large) and Mathew (at large) on/or about the 28 August…