<p>OYEBISI FOLAYEMI OMOLEYE J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Yobe State, in Damaturu Judicial Division, sitting at Potiskum, (hereinafter referred to as the trial Court), delivered on 20th November, 2006. The Appellant was convicted of the offence of armed robbery and sentenced to death by hanging.</p><p> The facts of this matter are that, the Appellant was arraigned before the trial Court for robbing while armed with a machete, one Adamu Abdu, of the sum of four hundred naira, clothing and food items, on 4th December, 2002, contrary to Section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act. The Appellant pleaded not guilty to the charge. The prosecution called two (2) witnesses to prove the charge preferred against the Appellant, who testified in his own defence, but called no witness. At the conclusion of the trial, the Appellant having being found guilty of robbing Adamu Abdul while armed with a matchete, was s…</p>