MASSOUD ABDULRAHMAN OREDOLA, J.C.A.(Delivering the Leading Judgment): This appeal is against the judgment of the Enugu State High Court sitting at Enugu, delivered on the 5th day of February, 2002 in Charge No. E/5ART/98. The facts of the case are as follows: Sometimes in 1998 and as a result of armed robbery incident which took place sometimes in 1997, the appellant, James Ufor, was the second accused person among the accused persons who were arraigned before the Robbery and Firearms Tribunal of Enugu State holden at Enugu on a two (2) count charge of criminal conspiracy and armed robbery, contrary to Section 5(b) and 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, Cap. 398 Vol. XXII, Laws of the Federation of Nigerian, 1990.
Upon being charged and with their pleas having been taken and in the course of the hearing before the Armed Robbery and Firearms Tribunal, the 3rd and 8th accused persons thereat were discharged therefrom at the instance of the Tribunal and the Pro…