PETER OLABISI IGE, J.C.A. (Delivering the Leading Judgment): The Appellant was arraigned and charged with Armed Robbery at the then Imo State Armed Robbery Tribunal in 1998. The charge against the Appellant reads:
"STATEMENT OF OFFENCE
ARMED ROBBERY, contrary to section 1 (2)(a) of the Robbery and Firearms (Special Provisions) Act - Cap. 398, Vol. XXII, Laws of the Federation of Nigeria, 1990.
PARTICULARS OF OFFENCE
CHUKWUMA AUGUSTINE IKECHUKWU and three others at large on the 20th day of August, 1997 at No. 11 Echina Road, Oguta in the Oguta Judicial Division while armed with a toy pistol, or wise an offensive weapon robbed CHARLES UDOM of his properties valued N250,000.00 (Two hundred and fifty thousand Naira) as well as N1,750.00 (one thousand, seven hundred and fifty Naira) belonging to the said CHARLES UDOM."
The plea of the Appellant was taken on 1st day of September; 1999. He pleaded Not Guilty to the charge. The prosecution called four witnesses in support of its case while th…