ISAIAH OLUFEMI AKEJU, J.C.A (delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Cross River State, Obubra Division delivered on 29th June, 2009. The appellant and one Sunday Ewoh Nnachi were the accused persons in charge No. HB/1C/2007 wherein they were alleged to have committed the offence of armed robbery contrary to Section 1 (2) (a) of the Robbery and Firearms (special Provisions) Act, Cap R11, Laws of the Federation of Nigeria, 2004 in that they robbed one Benedict Igwe Ali of goods valued at N137,800.00 (One Hundred and Thirty, Seven Thousand, Eight Hundred Naira) on 19th August, 2006 at Apiapum, Obubra while armed with guns.
The prosecution called one Sergeant Omori Ibang attached to the Anti. Robbery Squad, State C.I.D. Calabar as the only witness. He was the Police Officer that investigated the case after it was transferred from Obubra Division to the State C.I.D. The accused persons made no case submission through their counsel afte…