HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Kaduna State in Charge No KDH/KAD/105C/2006 delivered by Honourable Justice Gideon Isa Kuada on the 27th of June, 2008. The Appellants were arraigned before the lower Court on a two count charge of criminal conspiracy and armed robbery punishable under sections 6 and 1(2)(b) of the Robbery and Firearms (Special Provisions) Act, Cap R11, Laws of the Federation of Nigeria, 2004. They were alleged to have agreed among themselves to block the highway and to have robbed the convoy of the Commandant General of the Nigerian Defence Corps while armed with AK-47 rifles on the 13th of July, 2006 and during the course of which they killed two persons, Jonathan Osho and Alhassan Haruna and carted away the sum of N2 Million. The Appellants pleaded "Not Guilty" to the charge and the matter went to trial.
The Prosecution called three witnesses and tendered several exhi…