This is an appeal against the judgment of the Court of Appeal, Abuja Division delivered on 16th January, 2007. The Appellant and five others were the accused persons at the trial Court. They were charged before Okene High Court on a two count charge of conspiracy and armed robbery as follows:
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"That you Monday Lawal, Abu Osah, Enesi Lukman Abdullahi, Abdulazeez Hassan, Hassan Suberu and Mohammed Ismalia on or about the 9th and 11th of August, 2001 at Paul Nzeni and Benneth Onwugbufors Residence Iruvuchaba Okene Local Government Area within the Kogi State Judicial Division agreed to an illicit act to wit, you agreed to commit armed robbery at the premises of Paul Nzeni and Benneth Onwugbufors residence Iruvucheba Okene and that same act was done in pursuance of the agreement and that you thereby committed the offence of criminal conspiracy punishable under Section 97(1) of the Penal Code.
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That you, Monday Lawal, Abu Isah, Enesi Lukman Abdullahi. Abdulazeez Ilassan, Hassan Suberu and Mohammed Ismaila on or about the 9th and 11th of August, 2001 at Paul Nzeni and Benneth Onwugbufors Residence Iruvucheba Okene in Okene Local Government Area within the Kogi State Judicial Division while armed with guns, matchetes and cutlasses attacked one Paul Nzeni and Benneth Onwugbufor and robbed Paul Nzeni of the sum of N52,000.00 in cash and Benneth Onwugbufor the sum of N68,000.00 and you thereby committed the offence of armed robbery punishable under Section 298(c) of the Penal Code".
Accused persons absconded from prison custody and could not be apprehended to stand trial for the two offences. The two accused who stood trial were Abu Isah and Enesi Lukman Abdullahi (2nd and 3rd accused respectively). They were tried and convicted of the two count charge. Four of them were each sentenced to seven years imprisonment on the count of robbery and N3,000.00 fine or one year in lieu on the conspiracy count. The sentences of imprisonment were to run concurrently. Their appeals to the Court of Appeal were dismissed, hence the present appeal to this Court by Enesi Lukman Abdullahi.
Whether from the totality of the evidence adduced at the trial Court, the...
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