OKECHUKWU CHUKWU V. THE STATE

HARUNA M. TSAMMANI JCA: (Delivering the Leading Judgment): This is an appeal against the judgment of C. M. Egole, J of the Imo State High Court, sitting at Owerri delivered on the 19th day of December, 2008 in Charge No: HOW/23C/2008: wherein the Appellant was convicted and sentenced to death for having committed the offence of armed robbery contrary to Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, Cap. 398, Vol. 22, of the Laws of the Federation 1990, applicable to Imo State.

The case of the prosecution against the Appellant is that he, in company of two others, while armed with a gun(s) robbed Nnena Duru (PW1) of the sum of twenty-eight thousand Naira (₦28,000.00) at Fair Field Guest House, Egbu-Owerri. That in the process, of committing the robbery, the Appellant inflicted serious injuries on the said Nnena, which led to her being hospitalized.

At the trial, the prosecution led evidence to show that, on the 16/12/2005, at about 10.30a.rn., the Appellant in …