MOJEED ADEKUNLE OWOADE, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of A.O.H. Ukachukwu J. of the High Court of Imo State sitting at the Owerri Judicial Division in charge No. HOW/ART/11/99 delivered on 28th September, 2006.
The Appellant was jointly charged alongside one David Amadi and Ikechi Ukanacho with the offence of armed robbery contrary to Section 1(2) (b) of the Robbery and Firearms (special provisions) Act Cap. 398 Vol. XXII laws of the Federation of Nigeria 1990 as applicable in Imo State. He was the 3rd accused person in the said charge.
The accused persons pleaded not guilty to the charge. The prosecution called a total of three (3) witnesses. The Appellant refused to testify and did not call any witness.
The case of the prosecution was that on 3/5/1998 around 2am armed robbers invaded the house of PW1 one Mr. Vitalis Abareke, at Umuebe in Akabor. PW1 who was sleeping at that time was awoke by the barking of his dogs. He drew near the …