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AMINA AUDI WAMBAI, J.C.A. (Delivering the Leading Judgment): This appeal arose from the judgment of Hon. Justice U. D. OGWURIKE of the Imo State High Court delivered on 8th day of July, 2014 in charge No. HAM/3c/2003 which convicted the Appellant for the offence of armed robbery punishable under Section 1(2)(a) of the Robbery and Firearm (Special Provision Act, 2004) and sentenced him to death by hanging.
According to the charge sheet, the Appellant with one other person now at large were alleged to have on or about the 24th day of December, 2001, at Umugaragu Lagwa Road in Aboh Mbaise Judicial division being armed with gun, robbed one Bartholomew Ihenacho of his big travelling bag he was returning from Equatorial Guinea with, containing the sum of 500,000 CFA and some items.
Appellant pleaded not guilty. In proof of the case, the prosecution called two witnesses; the victim as PW1 and the motorcyclist conveying PW1 to his village, as PW2.
​The Appellant testified in his defence and call…