AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A.: (Delivering the Leading Judgment): The appeal is against the judgment delivered on 20/6/2005, by the High Court of Justice, Owerri Judicial Division, presided over by Hon. Justice A.O.H. Ukachukwu (hereafter to be simply referred to as the Lower Court and learned trial Judge respectively).
The Appellant was the 3rd accused person in Charge No. HOW/ART/21/99. In the said charge, the Appellant and 3 others were charged with the offence of armed robbery contrary to Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, Cap. 398, Laws of Federation of Nigeria, 1990 (hereafter to be simply referred to as Cap. 398). In the particulars of offence, the Appellant and the 3 other accused persons and other still at large; while armed with firearms were alleged to have robbed one John Nwokeocha and his passengers of one Mercedes Benz 911 Lorry with Registration No. AE 281 and money totaling N260,715.00, on 17/3/1998 at Mgbee along OrluUrualla-A…