DAVID AMADI V. ATTORNEY - GENERAL, IMO STATE

MOJEED ADEKUNLE OWOADE, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of A.O.H. Ukachukwu J. of the High Court of Imo State sitting at the Owerri Judicial Division in charge No. HOW/ART/11/99 delivered on 28th September, 2006.

The Appellant was jointly charged with one Ikechi Ukanacho and Matthew Nwokocha with the offence of armed robbery contrary to Section 1(2) (b) of the Robbery and firearms (special provisions) Act Cap. 398 Vol. XXII Laws of the Federation of Nigeria 1990 as applicable in Imo State. He was the 1st accused person in the said charge.

Before the lower court, the Appellant and the other two accused persons pleaded not guilty to the charge.

The prosecution called a total of three (3) witnesses. The Appellant testified on his behalf and called no witness. The 2nd accused testified on his own behalf and called a witness. The 3rd accused refused to testify.

The case for the prosecution was that on 3-5-1998 at about 2 a.m, armed robbers inva…