UGOCHUKWU NGORKA V. THE ATTORNEY GENERAL, IMO STATE

HABEEB ADEWALE OLUMUYIWA ABIRU, J.S.C. (Delivering the Lead Judgment): This appeal is against the judgment of the Court of Appeal, Owerri Judicial Division, delivered on the 21st of February, 2014 in Appeal No CA/OW/219/2010, and which upheld the conviction of and the sentence passed on the Appellant by the High Court of Imo State in a judgment delivered on the 28th of September, 2006 in Suit No. HOW/ART/16/1999.

The Appellant was arraigned before the High Court of Imo State, the trial Court, along with one other, on a one-count charge of armed robbery. The Appellant was the first accused while the one other was the second accused. The Appellant, and the one other, were alleged to have, with other persons at large, sometime in July 1998, and while armed with the firearms, robbed one Patience Mbakwe at gunpoint of her Mercedes Benz car, one Omega wrist watch, a number of lace and George materials, a handbag with its contents and one pair of shoes. The Appellant pleaded "Not Guilty", con…