These are two separate appeals against the judgment of the Court of Appeal Kaduna Judicial Division delivered on 6/1/2009, wherein the Court below affirmed the decision of the Kano State High Court convicting the Appellants and others for the offences of conspiracy to commit robbery and of armed robbery contrary to the provision of the Robbery and Firearms (Special Provisions) Decree, 1984 as amended by Decree No.62 of 1999.

Before the trial High Court, the Appellants herein and others were tried on a two count charge as follows:-

That you Samuel Attah, Vincent Friday, Ikechukwu Sunday and Hyginus Ofromota on or about the 10th day of September 2000 at Naibawa Quarters, Kano, within Kano Judicial Division agreed to do an illegal act to wit; rob the house of Alhaji DanjumaAli Garko at Naibawa Quarters of money and jewelry and the same act was done pursuant to the agreement and that you thereby committed an offence contrary to Section 5(b) of the Robbery and Firearms (Special Provisions) Decree, 1984 as amended by Decree No.62 of 1999.

That you Samuel Attah ofNaibawa Quarters, Vincent Friday of Unguwa Uku, Quarters, Ikechukwu Sunday of Naibawa Quarters and Hyginus Of or mat a of Unguwa Uku Quarters, within the Kano Judicial Division on the 10th day of September, 2000 at about 8:30p.m. while armed with guns committed the offence of armed robbery in the house of Alhaji Danguma Ali Garko of Naibawa quarters and robbed them of cash and jewellery worth N94,000.00 and thereby committed I an offence punishable under Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Decree, 1984 as amended by Decree No.62 of 1999".

In proof of its case against the accused persons, the prosecution called five witnesses. In their defence all the accused persons including the Appellants, testified on their own behalf and, called four other witnesses. At the conclusion of the trial the learned trial Judge found all the accused persons guilty as charged. All the accused persons were sentenced to death. The Appellants together with the others appealed to the Court of Appeal, Kaduna Judicial Division in appeal No. CA/K/70/C 2004 and their appeal was dismissed as aforesaid on the 6/1/2009. In each of these two appeals by the 1st and 2nd accused persons before the trial Court, this Court granted each of them extension of time to appeal and leave to raise fresh issues raised in grounds 2, 3, 4, 5 and 7 of the grounds of appeal.