PAUL ADAMU GALINJE, J.S.C. (Delivering the Leading Judgment): The Appellant herein along with two other accused persons were arraigned before the Imo State High Court, on the 16th February, 2005 on a two counts charge of conspiracy to commit armed robbery and armed robbery under Sections 5(b) and 1(2)(a) of the Robbery and Firearms (Special Provisions) Act 1990. In order to prove its case, the prosecution called two witnesses and tendered in evidence the following documents:-
1. The previous evidence of PW1 when she testified as PW2 before another judge in the same case.
2. The extra-judicial statement of PW1 to the police.
3. The 1st statement of the Appellant who was the 1st accused at the trial Court
4. The 3rd statement of the Appellant to the police.
5. The statement of the brother of the Appellant.
These documents were admitted in evidence and marked Exhibits 1, 2, 3, 6, and ID 1 respectively.
The Appellant called his brother, one Augustine Orisa as defence witness (DW1) and he also te…