MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of F.I. Duroha - Igwe J. in the Owerri Judicial Division of the High Court of Imo State delivered on 1/11/07 .
The Appellants were charged with the offence of armed robbery contrary to Section 1(2)(a) of the Robbery and Firearms Act Cap. 398 Vol. XXII Laws of Federation of Nigeria 1990.
In the court below, John Etim, 1st Appellant was the 1st Accused person. Ifeanyi Chikere (now late) was the 2nd Accused person and the 3rd Appellant Lawrence Ihenacho Nwogu (alias Acho was the 3rd Accused person.
The particulars of the offence were as follows:
"John Etim 'M', Ifeanyi Chikere 'M' and Lawrence Iheanacho Nwogu (alias Acho) 'M' on the 5th day of August 1999 at Federal Housing Estate, Owerri in the Owerri Judicial Division while armed with firearms did rob (sic) one Racheal Nsofor Ndulue the sum of ₦1,000 (One Thousand Naira)".
The case of the prosecution is that on 5/8/99, at about 6.20…