EMMANUEL UGWUMBA V. THE STATE

KAWU, J.S.C. (Delivering the Leading Judgment): This appeal came up for hearing on Thursday, the 8th day of April, 1993. On that day, having carefully perused the record of proceedings, and having studied the briefs of argument filed on behalf of the appellant and the respondent, and having heard oral submissions of both counsel in expatiation of their briefs. I came to the conclusion that there was nothing in all the submissions made on behalf of the appellant that could possibly justify my interfering with the judgment of the court below and consequently dismissed the appellant's appeal and reserved my reasons for doing so till today. I now proceed to give those reasons.

The appellant and another person were jointly charged in the High Court of Lagos State, holding at Lagos, for an offence of armed robbery. The charge reads as follows:-

"STATEMENT OF OFFENCE

Armed robbery under section 402(2) (1) of the Criminal Code.

PARTICULARS OF OFFENCE

Francis Dose (m) and Emmanuel Ugwumba (m)…