SUNDAY NDIDI V. THE STATE

AMAIZU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Diaw, sitting at the Agbor Judicial Division of the High Court of the Delta State. The judgment was given on the 29th day of November, 2001.

Briefly, the facts which led to this appeal so far as they are material to the questions which call for our determination are: at the wee hours of 4th day of January, 2000, armed robbers struck at Abavo in Delta State. PW1, PW2 and PW3 were the alleged victims of the armed robbery.

The incident was reported to the police. One Sunday Ndidi, was accused of the robbery. He was later arraigned before the lower court.

During his trial, five persons gave evidence for the prosecution.

He testified in his own behalf and called no witness. The learned trial Judge after hearing the evidence of witnesses and the defence held as follows:

"I have carefully considered the counts contained in the information of which the accused is charged, the evidence led by the prosec…