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SULEIMAN GALADIMA, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal Calabar Division, delivered on Thursday, the 25th day of August, 2011. The Court affirmed the conviction and sentence of the Appellant herein, who was arraigned along with three other persons by the Akwa Ibom State High Court sitting at Eket, on 3 count charge of armed robbery, on the 27th day of July, 2006.
The background facts which give rise to this appeal can be summarized as follows: The Appellant was arraigned and charged along with three others, namely Victor Essien Victor, Ukeme Sunday Usen and Monday Akpan Sunday, before the Akwa Ibom State High Court on three-count charge of armed robbery contrary to Section 1 (2) (a) of the Robbery and Fire Arms (Special Provisions) Act Cap.398, Vol.22, Laws of the Federation of Nigeria, 1990.
The case for the prosecution was that on or about the 22nd day of June 2001, the Appellant herein and his gang, armed with offensive …