SOLOMON UMANA V. THE STATE

JAFARU MIKA'ILU, J.C.A. (Delivering the Leading Judgment): In this case the appellant was charged on one count information with the offence of armed robbery contrary to section 1 (1), (2) (a) of the Robbery and Firearms Act 2004, Laws of the Federation. The trial commenced on the 18th of May, 2006 and at the end of the trial the case was adjourned to 19th October, 2009 for judgment. At the end of the trial court held that the prosecution had proved all the ingredients of the offence of armed robbery against the accused/appellant and proceeded to convict him and it sentenced him to death.

Before the trial court it was the accused/appellant's defence that he was in his family house at No 4c Musaha Street, Calabar with his wife and children and also with his father, mother and siblings on the night the incident occurred.

The particulars of his defence of alibi were made available to the police in his extra judicial statement exhibit 'A' made at the earliest opportunity but the police fai…