<p><strong>UWANI MUSA ABBA-AJI, J.C.A. (Delivering the Leading Judgment): </strong>This is an appeal against the Judgment of Owerri High Court, Imo State presided over by Hon. Justice P. O. Nnadi in charge No.HOW/1C/2001 delivered on the 25th February, 2010 whereby the Appellant was sentenced to death by hanging.</p><p> The Appellant was among the eight accused persons charged before the Court below on a one count charge of Armed Robbery contrary to Section 1(2) (a) of the Robbery and Firearms (Special Provisions) Act, Cap 398 Vol. XXII Laws of the Federation of Nigeria, 1990.</p><p> A summary of the facts of this case as can be garnered from the evidence of the prosecution witnesses are that on the 1st day of March, 1999 at about 1:30am, a group of armed robbers armed with firearms struck at the house of one Anyiam Osuigwe at Umuinye Nkwerre in Nkwerre Local Government Area of Imo State.</p><p> Three of the armed robbers entered the living room where Chukwuka Emmanuel Anyiam Osuigwe (PW1) was sleeping and woke him up, tied …</p>