JOHN INYANG OKORO, J.C.A (Delivering the Leading Judgment): This is an appeal by the Appellant convicted and sentenced to death for conspiracy and armed robbery by the Abia State High Court sitting at Osossioma presided over by T. U. Uzokwe, J in the judgment delivered on the 12th day of January, 2006. The Appellant and four others had stood trial at the Osossioma High Court for conspiracy and armed robbery contrary to section 5(b) and 1(2)(a) of the Robbery and Firearms Act Cap 398 Laws of the Federation 1990. They were alleged to have conspired and robbed one Mrs. Nelly Emereuwa of a Mitsubishi 1300 Bus with Registration No XA 530 HAF, the sum of Nine hundred and sixty-seven thousand, seventy-seven naira, thirty-three kobo ($967,077.33k) and various post-dated cheques valued at N7,240,550.00 property of Chemlap Nigeria Limited.
The alleged robbery was said to have occurred on the 27th day of November, 2003 along Chief Adaelu Road, Osissioma, Aba Abia State. At the trial, the prosecu…