MICHAEL
V.
THE STATE
·
Michael v. State (2002) 1 NWLR (Pt. 749) 500
OGEBE, J.C.A. (Delivering the Leading Judgment): The appellant was tried in the High Court of Imo State in the Aba Judicial Division (now in Abia State) of the offence of armed robbery contrary to section 1(2)(a) of the Robbery and Fire Arms (Special Provisions) Decree No. 47 of 1970 as amended by the Constitution of the Federal Republic (Certain Consequential Repeals) Decree No. 105 of 1979. The information contained altogether five counts alleging the offence of armed robbery against the appellant. The prosecution called three witnesses to testify in support of the offence charged against the appellant. P.W.1, Josiah Nwosuagwu Azuka testified on how his house was broken into by armed robbers in the night of 20th and 21st July, 1978 at about 2.a.m. He saw some of them holding dane guns. The appellant was the first to enter his room and pointed his gun at him. They removed a sum of N4,100.00 from a hole in his mattress and another sum of N200.00 from one of the pockets of his trousers…