UWANI MUSA ABBA AJI (PJ), J.C.A.:(Delivering The Leading Judgment): This is an appeal against the judgment of Imo State High Court presided over by Honourable Justice P.C. Ikpeama, delivered on the 28th day of September, 2006 wherein the Appellant was convicted of the offence of armed robbery contrary to Section 1(2) (a) of the Robbery and Firearms (Special Provisions) Act Cap 398, Vol. XXII Laws of the Federal Republic of Nigeria, 1990 and sentenced to death.
The Appellant Ugochukwu Ngorka, along with Eugene Okafor were charged with armed robbery contrary to Section 1(2) of the Robbery and Firearms Act LFN 1990 and were arraigned on a one count charge of robbing one Patience Mbakwe (Miss) of her Mercedes Benz 230E with registration number AA02TTK at gun point at road 2 Uratta Housing Estate with the contents which included one Omega gold wrist watch, 10 different types of voile lace, one hand bag with its contents, one black suit case, one pair of shoe and one cupion George material,…