EUGENE IBE V. STATE

I. L. KUTIGI, J.S.C. (Delivering the Leading Judgment): At the Owerri High Court the appellant was charged as follows:-

"STATEMENT OF OFFENCE

Robbery, contrary to Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act 1970 (Decree No.47 of 1970) as amended by the Constitution of the Federal Republic of Nigeria (Certain Consequential Repeal etc) Decree No. 105 of 1979.

PARTICULARS OF OFFENCE

Eugene Ibe on or about the 14th of September, 1981, at Apostolic Faith Church along Owerri/Uratta Road, Owerri in the Owerri Judicial Division in company with another person unknown armed with firearms robbed Stella Oleribe, the sum of N16.00"

At the trial the appellant pleaded not guilty to the charge. The prosecution called a total of six witnesses to prove their case while the appellant testified in his own defence. He called no witnesses.

The learned trial Judge after considering the evidence adduced by the prosecution and the defence of the appellant found the appellant guilty…