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1
That you Bello Shurumo, Manu Namuj (sic) (at large), Doju Namujere (at large) and Tanu Namujere (at large) on or about the 13th day September, 2006, at Alikaikai via Aderan Village Edu (sic) L.G.A. within the jurisdiction of this Honourable Court did conspire to do an illegal act to wit: Armed robbery and you committed an offence contrary to Section 97 of the Penal Code.
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2
That you Bello Shurumo, Manu Mamuj (at large), Doju Namujere (at large) and Tanu Namujere ( at large) on or about the 13th day September, 2006, at Alikaikai via Aderan Village Edu (sic) L.G.A. within the jurisdiction of this Honourable Court robbed one Mohammed Natata at gun point and carted away the sum of N2, 000.00 and some other valuable items, and thereby committed an offence punishable under Section 1 (2) of Armed Robbery and Fire Arms (Special Provision) Act, Cap. R. 11 Laws of Federation of Nigeria, 2004."
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The Appellant denied the two count charge. In a bid to prove its case, the prosecution called five witnesses who gave evidence, but the defence rested their case on the prosecution's case and did not produce any defence. The learned trial Judge found the accused/Appellant not guilty as charged, but found him guilty of attempted armed robbery and convicted him. He appealed to the Court of Appeal on three grounds of appeal which were dismissed, and the judgment and conviction of the trial Court were affirmed. Again, in exercise of his constitutional right, the Accused/ Appellant has appealed to the Supreme Court.
