KUMAI BAYANG AKAAHS, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice E. D. U. Idiong who was then the Tribunal Chairman sitting at the Robbery and Firearms Special Tribunal, holden at Ikot Ekpene, Akwa Ibom State. It was delivered on 26th May, 1999 convicting and sentencing the appellant to death.
The appellant was originally arraigned as the 5th accused person along with five other accused persons viz. Etim Edet Oboho, Effiong Etim Sunday, Joseph Edet Ekpo, Etim Asuquo Enobiak and Okon Dan Osung who were 1st, 2nd, 3rd, 4th and 6th accused respectively. The accused were charged with the offence of Armed Robbery contrary to Section 1(2) (a) of the Robbery and Firearms (Special Provisions Decree NO.5 of 1984 (now Section 1(2) (a) of the Robbery and Firearms (Special Provisions) Act Cap. R11 Laws of the Federation of Nigeria, 2004).
The charge which was later amended reads as follows:
"STATEMENT OF OFFENCE
ARMED ROBBERY contrary to Section…