KUMAI BAYANG AKA'AHS, J.S.C. (Delivering the Leading Judgment): The appellant was the 2nd of the three accused who were arraigned before the Ondo State High Court sitting at Akure on a two count charge of conspiracy to commit armed robbery and armed robbery contrary to Sections 6(b) and 1(2)(a) of the Robbery and Firearms (Special Provisions) Act Cap R11 Vol. 14 Laws of the Federal Republic of Nigeria 2004. The 1st and 3rd accused were Benjamin Friday and Nelson Friday respectively.
The Charge No.HOD/5C/2008 reads as follows:-
"COUNT 1
STATEMENT OF OFFENCE
CONSPIRACY to commit armed robbery, contrary to and punishable under, Section 6(b) of the Robbery and Firearms (Special Provisions) Act Cap R11 Vol. 14 Laws of the Federal Republic of Nigeria 2004.
PARTICULARS OF OFFENCE
BENJAMIN FRIDAY, MATTHEW THOMAS and NELSON FRIDAY on or about the 1st day of February, 2008 at Ondo in the Ondo Judicial Division did conspire with one another to commit a felony, to wit armed robbery.
COUNT II
STATEMENT OF…