OKON UDOH AKPAN V. THE STATE

A. B. WALI, J.S.C (Delivering the Leading Judgment) : The appellant was tried in the High Court of Lagos State in the Ikeja Judicial Division, upon the following charge -

STATEMENT OF OFFENCE

"Robbery punishable under section 402(2) of the Criminal Code Law Cap 31of Lagos State, 1973.

PARTICULARS OF OFFENCE

Okon Udoh Akpan (m) on or about the 17th July, 1981 along Airport Road Ikeja in the Ikeja Judicial Division, being in company of persons unknown and armed with an offensive weapon to wit; a pistol, robbed (one) Samuel Ajibua of (1) a pickup Peugeot 404 Registration No. LA 8065 ME (2) the sum of N4,521.5k and (3) two cheques for the value of N1,728.15 and N5,525.00 property of STARCO MOTORS NIG. LTD."

He pleaded not guilty to the charge and the case proceeded to trial. The prosecution called 3 witnesses while the appellant, on his own election, gave evidence on oath. At the end of the trial and in a considered judgment by Desalu J., the appellant was found guilty as charged, convict…