CLARA BATA OGUNBIYI, J.S.C. (Delivering the Leading Judgment): This is an appeal against the Judgment of the Court of Appeal sitting at its Owerri Judicial Division affirming the conviction of the appellant by High Court of Imo State. The appellant alongside one David Amadi and Ikechi Ukanacho were found guilty of the offence of Armed Robbery contrary to S.1 (2)(b) of the Robbery and Fire Arms (Special Provisions) Act Cap 398 Vol. XXII Laws of the Federation of Nigeria 1990 and sentenced to death on the 28th September, 2006.
The historical background of this appeal was that the appellant was jointly charged alongside one David Amadi and Ikechi Ukanacho with the offence of Armed Robbery contrary to Section 1(2) (b) of the Robbery and Firearms (Special Provisions) Act Cap.398 Vol. XXII Laws of the Federation of Nigeria 1990 as applicable in Imo State. He was the 3rd accused person in the said charge.
The accused persons pleaded not guilty to the charge. The appellant refused to testify an…