<p>AMIRU SANUSI, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Calabar Division (&quot;the lower Court&quot; for short) delivered on the 12th day of February 2014, which affirmed the decision of the High Court of Cross River State, (the trial Court), convicting and sentencing the appellant to death on the offence of armed robbery on 12th day of October 2009, contrary to Section 1 (2) (a) (b) of the Robbery and Firearms (Special Provision) Act, Cap R 11 Laws of Federation of Nigeria 2004.</p><p>The facts giving rise to this appeal as could be gleaned from the record of appeal, are simply as follows. On 15th December 2005 one Victor Ogbaji Ogar, a motor cyclist who testified at the trial as PW1, dropped a passenger at the boundary of Benue State and Cross River State and wanted to head to his home town. On his way home, he suddenly reached a road block mounted by armed robbers which comprised the appellant and three other co-accused persons who wer…</p>