EMMANUEL IWEN V. THE STATE

ADAMU JAURO, J.S.C. (Delivering the Lead Judgment): The appeal herein is against the judgment of the Court of Appeal, Port Harcourt Division delivered on 3rd December, 2018, wherein the judgment of the High Court of Rivers State convicting the Appellant for the offences of conspiracy to commit armed robbery and armed robbery and sentencing him to death by hanging, was affirmed.

The Appellant, as the 1st accused person was charged alongside four others for the offences of conspiracy to commit armed robbery contrary to Section 6(b) of the Robbery and Firearms (Special Provisions) Act, Cap. R11 Laws of the Federation of Nigeria, 2004 and armed robbery contrary to Section 1(2)(a) and (b) of the same Act.

Upon arraignment, the Appellant and his co-accused persons pleaded not guilty to the charge and the matter proceeded to hearing whereat the Respondent as prosecution fielded four witnesses and tendered 12 exhibits admitted in evidence and marked Exhibits A-L. PW1 was one Chinyere Ezinwa Nwo…