OMOKRI JCA (Delivering the Lead Judgment): The appellant, Elemi
Godwin Addo, was arraigned before the trial court for the offence of armed robbery, contrary to section 1(2)(a) of the Robbery and Firearms (Special
Provisions) Act, Cap. 398, Volume XXII, Laws of the Federation of Nigeria, 1990.
The prosecution alleged that on 4 April 2004 at about 7:30 a.m at Pyramid Hotels, along Murtala Mohammed Highway, Calabar, while armed with a gun robbed one Esman Fezhbazic of the sum of N2,000.00 (two thousand naira) and one Nokiahandset valued at N60,000.00 (sixty thousand naira ) In furtherance of the case, the prosecution called six witnesses, namely PW1 -Henry Offiong, PW2 - Esman Fazhbuzic; PW3 - John Ekere
Obong Ekpenyong; PW4 - Tobi Aniekan Akpan; PW5 - Okoi Arikpo and PW6 - Inspector Philip Aziogbe.
The appellant testified for himself and called no witness just like the other accused persons. At the close of hearing, learned counsel made their respective submissions. In a considered judgmen…