IKECHI UKANACHO V. ATTORNEY - GENERAL, IMO STATE

MOJEED ADEKUNLE OWOADE, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of A.O.H. Ukachukwu J. of the High Court of Imo State sitting at the Owerri Judicial Division in charge No. HOW/ART/11/99 delivered on 28th September, 2006.

The Appellant was jointly charged with one David Amadi and Matthew Nwokocha with the offence of armed robbery contrary to Section 1 (2) (b) of the Robbery and Fire arms (Special Provisions) Act Cap. 398 Vol. XXII Laws of the Federation of Nigeria 1990 as applicable in Imo State. He was the 2nd accused person in the said charge.

The accused persons pleaded not guilty to the charge. The prosecution called a total of three (3) witnesses. The Appellant testified on his own behalf and called one witness. The 1st accused testified on his own behalf and called no witness. The 3rd accused refused to testify.

The case of the prosecution was that on 3/5/1998 around 2am armed robbers invaded the house of PW1 one Mr. Vitalis Abareke, at U…