ONYEKACHI AJA OTISI, JCA (Delivering the Leading Judgment): The Appellant was charged along with two other co-accused persons on an information with one count of armed robbery contrary to Section 1(2)(a) of the Robbery and Firearms (Special Provision) Act, Cap. 11, Laws of the Federation of Nigeria, 2004 before Hon. Justice B.T. Ebuta, J. of the High Court of Cross River State, Ikom Judicial Division. The Appellant was the 3rd accused person. The particulars of the offence charged read as follows:
Agim Sunday, Asu Abang and Chinedu Emeka on or about the 1st day of October, 2009 at Katabang Junction in Boki Local Governmenf Area at about 1.00 am while armed with locally made gun, matchetes and a dagger did rob Agbor Frank Ojong of the sum of ₦285,000.
The Appellant and the co-accused persons all pleaded not guilty to the charge. At the trial, the prosecution, now the Respondent, called two witnesses namely, Agbor Frank Ojong, the Complainant, who testified as PW1 and Sergeant Okpokam T…