MUHAMMED LAWAL SHUAIBU, JCA (Delivering the Leading Judgment): The appellant and one other were charged before the High Court of Cross River State sitting at Ikom Judicial Division on one count charge of armed robbery punishable under section 1(2) (A) of the Robbery and Firearms (Special Provisions) Act 2004. It was alleged that on the 15th day of March, 2012 at about 10pm in the State Housing Estate, Ikom, while armed with a locally made guns, the appellant and his co-accused robbed one Emmanuel Enya of the sum of Two Hundred and Fifty Thousand Naira, three Nokia phones and three clippers.
Each of the accused persons pleaded not guilty to the charge. The prosecution called three witnesses and tendered the recovered items namely; the gun, live cartridges, two clippers and the sum of N61,000.00 admitted and marked as Exhibits 1, 2, 3 and 4 respectively. Also tendered by the prosecution were the extra-judicial statements of the accused persons as Exhibits 5 and 6 respectively. The appel…