ONIYANGI JCA (Delivering the Lead Judgment): On 5 of June 2013, the appellant was arraigned before the Delta State High Court sitting at Warri in Warri Judicial Division on a one-count charge of armed robbery, punishable under section 1(2)(a) of the Robbery and Firearms (Special Provisions Act) Cap. R.11 Vol. 14 Laws of the Federation of Nigeria, 2004.
He pleaded not guilty to the charge and hence the matter went through full trial. The prosecution called two (2) witnesses comprising of the complainant to the police and who was the victim of the alleged robbery, Kingsley Atari and police Sergeant Monday Omondijie, the “IPO” who testified as PW2 and through whom the statement of the accused was tendered and admitted as exhibit P1. The accused gave evidence on his behalf and called one witness in person of Eboma Samuel, a security supervisor of Intel
Nigeria Limited, Warri, who testified as DW1 and through whom a letter said to have been written by the complainant was tendered and admitte…