FABIAN NWATURUOCHA V. THE STATE

JOHN AFOLABI FABIYI, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Abuja Division (hereafter referred to as 'the court below') delivered on 18th February, 2010 which upheld the decision of Bello, J. of the High court of Justice, Abuja Federal Capital Territory delivered on 24th January, 2008. It is apt to note it here that the trial judge convicted and sentenced the appellant to 11 years imprisonment and a fine of N250,000:00 as mandated by the applicable law for the offence of robbery punishable under section 298 of the Penal Code.

At the trial court, the appellant was arraigned for the offence of robbery. The respondent maintained that the appellant robbed one Taye Musa (P.W.1) a driver of his commercial vehicle, Toyota Starlet car with Registration No. AA 4445 ABJ at gun point around 6.30 pm on 22nd October, 2004. On 15/6/05 when the charge was read to the appellant, he pleaded not guilty. The prosecution called two witness…