ADAMU JAURO, J.S.C. (Delivering the Lead Judgment): The instant appeal is against the judgment of the Court of Appeal, Owerri Division, delivered on 28th May, 2020 in Appeal No. CA/OW/322C/2017. In the said judgment, the lower Court affirmed the judgment of the High Court of Justice Abia State Isuikwuato Judicial Division, wherein the appellant was convicted for the offence of armed robbery and sentenced to death.
The brief facts of the case can be compressed as follows: On 3rd November 2008, at about 6.45 am, PW1, Emmanuel Ibekwe, was travelling with his father, PW2, Ibekwe Abah, in his father's car from Akara Junction to Abia State University (ABSU) Uturu, to collect his statement of result. At a point along the road where there was an erosion site, they noticed that the road was barricaded with wood. They suspected that robbers had blocked the road, so both of them alighted from the vehicle and ran into the bush in different directions.
While running into the bush, an object hit PW1 …