(2021) JELR 108931 (CA)    
Court of Appeal  ·  CA/C/249C/2019 ·  2 Nov 2021 ·  Nigeria
James Shehu Abiriyi Justice of the Court of Appeal Muhammed Lawal Shuaibu Justice of the Court of Appeal Ademola Samuel Bola Justice of the Court of Appeal

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment delivered on 27th April, 2015 in the High Court of Akwa Ibom State in the Itu Judicial Division sitting at Itu. In the High Court (the Court below), the Appellant was tried for the offence of armed robbery contrary to Section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act, Laws of the Federation 2004.

In summary, the case of the Respondent against the Appellant as narrated by PW1, the alleged victim of the alleged armed robbery is as follows:

​On 7th May, 2013, the PW1 a taxi driver picked the Appellant among five other passengers. PW1 dropped the passengers including the Appellant. The Appellant booked the taxi for later that day. PW1 and the Appellant agreed that the PW1 would take him at about 5.00pm at Eket to Okurikang on charter at the cost of N10,000.00. The Appellant delayed the trip until 6.30pm. For this reason, the PW1 sought to shift the trip to the following da…

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