UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Cross River State sitting in Akamkpa delivered on the 20th March, 2009. The Appellant was convicted and sentenced to life imprisonment for attempted armed robbery.
In the morning of 13 January, 2003, PW1 - John Udo Akpan, a commercial motor cyclist who plies his trade within the Akamkpa district was going about his usual business when he was flagged down by the Appellant, Felix Edodi Oka.
The Appellant told PW1 to convey him to Nsan village. On arrival at Nsan, the Appellant allegedly told PW1 to further convey him to Inwang Ekanem village. On getting to Inwang Ekanem, the Appellant told PW1 to wait for him as he (Appellant) wanted to visit someone.
Subsequently, the Appellant inquired from PW1 how much it would cost him to charter PW1's bike. PW1 demanded for N1,000.00 but the Appellant offered to pay N800.00.
The Appellant told PW1 to convey him to Dukwe. In …