Facts
The Appellant was arraigned and tried on an amended eight (8) count Charge of conspiracy and armed robbery along with two (2) other persons before the High Court of Justice, Lokoja, Kogi State presided over by Nasiru Ajanah, (C.J as he then was) contrary to Sections 97(1) and 298 (c) of the Penal Code. When the amended Charge was read to the Appellant, he pleaded “not guilty” to all the counts. Trial commenced thereafter and on 2nd December, 2009, the trial court delivered its judgement and found the Appellant and the co-accused guilty of Counts 2 and 6 in connection with the offences of conspiracy to commit armed robbery and armed robbery. While the Appellant was consequently discharged and acquitted on Counts 3, 4, 7, and 8, the 1st Defendant was convicted in respect of Counts 1 and 5. Upon conviction, the Appellant was sentenced to two (2) years and five (5) years imprisonment for the offences of conspiracy and armed robbery, respectively.
Aggrieved by the decision of the trial court, the Appellant filed an appeal to the Supreme Court. In the judgement of the Court of Appeal delivered on 31st January 2014, the appellate court dismissed the appeal and affirmed the conviction and sentence of the Appellant. Peeved by the decision of the Court of Appeal, the Appellant further appealed to the Supreme Court via a Notice of Appeal dated 26th February 2014 but filed on the 28th day of February 2014.
