KUMAI BAYANG AKAAHS, J.C.A.: (Delivering the leading judgment): On 2nd May, 2001, Mrs. Felicia Bassey, a Police Inspector, reported that about 0300hrs of the same date robbers broke into her house at No. 97 Ndidem Iso Road, Calabar at gun point robbed her and her family members of sums of money and other valuables. In the course of investigation the police arrested some suspects including the appellant and three other people. At the close of Investigation, three accused persons were charged with the offence of armed robbery including the appellant as the 1st accused, while one person was charged with receiving stolen property. The charge read as follows:
STATEMENT OF OFFENCE
ARMED ROBBERY contrary to Section 1(2)(a) Robbery and Firearms (Special Provisions) Act Cap. 398, Vol. XXII Laws of the Federation of Nigeria 1990.
PARTICULARS OF OFFENCE
MICHAEL EFFIONG IKA, DAN SUNDAY UDOH, EKONG EKONG on the 2nd of May, 2001 at about 3.00a.m at No. 97 Ndidem Usang Iso, Calabar in Calabar Judici…