EJEMBI EKO, JSC (Delivering the Leading Judgment): On the charge No. HOW/ART/11/99 the Appellant and two others were tried for the offence of armed robbery contrary to Section 1(b) of the Robbery and Firearms (Special Provisions) Act Cap 398 LFN, 1990, before the High Court of Imo State presided by J.O.H Ukachukwu, J. The prosecution commenced evidence on 29th October, 1999. Before then the Appellant had on 31st August, 1999 pleaded not guilty to the charge amended at the instance of E.E. Ibe, Senior Legal Officer, prosecuting officer on behalf of the Attorney-General of Imo State. The charge, at page 20 of the Records, was substituted by leave of Court, as can be gleaned from page 31 of the Records. At the close of the prosecution's case the Appellant testified as his sole defence witness, following the dismissal of the Appellant's No Case submission on 27th April, 2004.
On 19th June, 2006 the Learned trial Judge, after hearing final addresses of the parties, adjourned the proceedings…