EMMANUEL AKOMAYE AGIM, JSC (Delivering the Leading Judgement): This appeal No.SC/CR/134/2021 was commenced on 23-11-2020 against the judgment of the Court of Appeal delivered on 30-10-2020 in Appeal No. CA/OW/207C2018 affirming the judgment of the High Court of Imo state delivered on 21-12-2007 in Criminal Case No. HAM/15C/2002 convicting the appellant of the offence of armed robbery and sentencing him to death by hanging.
The notice of this appeal was with the leave of this court amended on 15-2-2024.
The parties herein have filed, exchanged and adopted their respective briefs as follows- appellant's brief, respondent's brief and appellant's reply brief.
The appellant's brief raised one issue for determination -
"Whether the circumstances of the alleged armed robbery incidence, paucity of affirmative evidence, the incredulous nature of evidence, the incoherent, inconsistent and exaggerated nature of the evidence presented by the prosecution which made the charge and evidence at variance …