MISITURA OMODERE BOLAJI-YUSUFF, J.C.A. (Delivering the Leading Judgment): The appellant in this appeal was one of the 4 persons charged before the High Court of Ebonyi State in charge No. HAB/17C/2010 for an offence of armed robbery contrary to and punishable under Section 1 (2) (a) and (b) of the Robbery and Firearms (Special Provisions) Act, Cap R11 Volume 14, Laws of the Federation of Nigeria, 2004. They were accused of robbing one Stephen Epete Egbedike of Yamaha CY 80 motor cycle and one Samba generating machine set valued. The said Stephen Epete Egbedike was found dead at the scene of the robbery.
Before the commencement of trial, Simeon Nwodom, the 4th accused died and his name was struck out of the charge. The prosecution called 4 witnesses to prove their case and each of the remaining accused persons testified in his own defence. In a considered judgment delivered by Hon. Justice P. O. Elechi on 22/3/2013, the accused persons including the appellant herein were found guilty as…