RAPHAEL NWABUEZE & ORS V. THE STATE

S. KAWU, J.S.C. (Delivering the Leading Judgment): The appellants, together with a fourth accused person were arraigned before the High Court of Imo State, Orlu Judicial Division and jointly charged with the offence of armed robbery contrary to Section 1(2)(a) of the Robbery and Fire-arms (Special Provisions) Act, 1970. They all pleaded not guilty to the charge. At the trial before Johnson, J., seven witnesses gave evidence for the Prosecution while each accused person testified on his or her behalf but called no witness. At the conclusion of the hearing, after evaluating all the evidence adduced, the learned trial Judge convicted the appellants and sentenced them to death. The fourth accused was, however, acquitted and discharged. The appellants appealed to the Court of Appeal, Enugu Judicial Division, which court, on 30th day of January, 1987 dismissed their appeal. They have now appealed to this Court. I will deal with the appeal of the 1st and 3rd appellants first before consideri…