DARLINGTON EZE V. FEDERAL REPUBLIC OF NIGERIA

SIDI DAUDA BAGE, J.S.C. (Delivering the Leading Judgment): This Appeal is against the judgment of Court of Appeal, Abuja Division (the Court below), delivered on the 7th day of June 2013, upholding the Judgment of the High Court of Federal Capital territory, Abuja (the trial Court). The trial Court in its Judgment sentenced the Appellant to life imprisonment under Section 5 of the Robbery and Firearms Act, on Count 1. And in respect of Count 2 the trial Court sentenced the Appellant to death by hanging. Dissatisfied with the Judgment of the two Courts below, the Appellant has now appealed to this Court for a reversal of the decision of the Court below. The judgment of the Trial Court and the Court below are contained on pages 81 to 100 and 204-250 of the Record of Appeal respectively.

The brief facts of the case are as follows: The Appellant was charged on the 20/11/2005 with a two count charge of conspiracy and Armed Robbery. On the 23/1/2006, the prosecution commenced its case, with …