JOSEPH UDOH JOHN V. THE STATE

OTISI JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Cross River State, sitting in the Akamkpa Judicial Division coram M. O. Eneji J., delivered on 29 October 2012, wherein the learned trial judge convicted and sentenced the appellant and two others to life imprisonment for the offence of armed robbery. The appellant was charged with two others on a one count charge for the offence of armed robbery, contrary to section 1(2)(a) and (b) of the Robbery and Firearms (Special Provision) Act, Cap. R11, Laws of the Federation of Nigeria, 2004. The appellant was the 3rd accused person. The particulars of offence stated that Michael Monday Francis Dominic Clement and Joseph Udoh John, the appellant, on 17 March 2006 at about 3.00 a m at Nyaji Village, Akamkpa in the Akamkpa Judicial Division whilst armed with offensive weapons did rob one Mr. Simon Agbor Simon of the sum of ₦150,000.00 (one hundred and fifty thousand naira). During trial, th…