MICHAEL TAIYE V. THE STATE

AMIRU SANUSI, JSC (Delivering the Leading Judgment): The appellant was arraigned before the High Court of Delta State [the trial Court) and tried on four count charges as follows:-

COUNT NO.I

STATEMENT OF OFFENCE: COUNT I

Conspiracy to commit armed robbery, contrary to Section 5 [b) and punishable under Section 1(2) (a) of the Robbery and Firearms (Special Provisions) Act Cap 398 volume XXII Laws of the Federation of Nigeria, 1990.

PARTICULARS OF THE OFFENCE

Taiye Michael Efe 'm' on or about the 11th day of January, 2006, at Effurun within Effurun judicial Division conspired with others now at large to commit armed robbery.

STATEMENT OF OFFENCE: COUNT II

Armed robbery, punishable under Section 1 (2) (a) of the Robbery and Firearms (Special provisions) Act, 1990.

PARTICULARS OF THE OFFENCE

Taiye Michael Efe 'm' on or about the 11th day of January, 2006, at Effurun within Effurun judicial Division robbed Felix Izomare of two Nokia handsets and cash sums of ₦100,000.00 (One hundred thousand naira…