EMMANUEL JOSEPH JOHN V. THE STATE

MUHAMMED LAWAL SHUAIBU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Akwa Ibom State, sitting at Etinan Judicial Division delivered on 27th June, 2016 wherein the appellant was convicted and sentenced to death by hanging on count one and ten years imprisonment in count two.

The appellant and others at large were arraigned before the lower Court on two counts charge of armed robbery with offensive weapons and rape contrary to and punishable under Sections 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act Cap R 11 Vol. 14 of the Laws of the Federation, 2004 and 367 of the Criminal Code Cap 38 Vol. 2 Laws of Akwa Ibom State 2000. The trial commenced on 30th January, 2013 in which the prosecution fielded 4 witnesses and tendered several exhibits. The appellant on his part, testified in his defence and called two other witnesses. At the close of the case, both learned counsel addressed the Court. The learned trial judge ther…