K. ESO, JSC (Delivering the Leading Judgment): In the High Court of Justice Imo State, (Anyanwu J,), holden at Okpudo Ngwa, the Appellant, Ishmael Emelogu, was convicted of an offence of robbery contrary to section 1(2)(a) of the Robbery and Fire-arms (Special Provisions Act) 1970, No. 47, The Court, after taking evidence rejected the defence of the Appellant.
He was found guilty and sentenced to death, He appealed to the Court of Appeal, and in a considered judgment delivered by Ogundere JCA, and concurred with by Olatawura and Aikawa JJCA, the Court dismissed the appeal of the Appellant. The principal issue before the Court of Appeal was whether or not the Attorney-General of Imo State lacked competence to prosecute the Appellant in the Imo State High Court.
The learned Justice of the Court of Appeal specified three stages of the development of the Robbery and Firearms Decrees: These are -
(1) The period covered by the Robbery and Firearms (Special Provisions) Decree 1970 No. 47, t…