TERLUMUN GIKI V. THE STATE

ONYEKACHI A. OTISI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment and sentence of the High Court of Cross River State sitting of Ogoja delivered on October 12, 2009 in charge No HJ/2C/2007.

The facts leading to this appeal are as follows: the Appellant and three other co-accused persons, on the 15th of December,2005, while armed with locally made pistols and a dagger, were alleged to have robbed one Ogbaji Pius Ogar, who testified as PW1, of the sum of N31,700.00 at Alifokpa, in Yala Local Government Area of Cross River State. PW1, a commercial motorcyclist, had gone to a village of the border of Benue State and Cross River State, to drop a passenger. On his way back,he ran into a road block alleged to have been set up by the Appellant, and three other co-accused persons. In an effort to reverse, the robbers emerged from the bush where they were hiding clutching a dagger and locally made pistols. The PW1 was robbed of the sum of N31,700.00. The PW1's…