TIJJANI ABUBAKAR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice C. I. Ohakwe, sitting at Imo State High Court Owerri, wherein the accused Appellant was tried of the offence of Armed Robbery contrary to Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act Cap 398, Vol.22, Laws of the Federation of Nigeria 1990. Upon the conclusion of trial, accused Appellant was found guilty and sentenced to death on 4th February (2005).
The facts of this case are that on the 10th day of April 1992, the Appellant along with two others while armed with firearms and other offensive weapons, at the premises of Christ Apostolic Church Ndiokoroji in the Okigwe Judicial Division robbed Anthony Ike and inflicted matchet cuts on Prophet Louis Onukwube, who sustained injuries and later died.
That the late prophet Onukube slept in the same room with Anthony Ike and Chinedu Okoli who were also attacked. Rev. Darlington Ndubuisi Ike, reported this…