M. S. MUNTAKA-COOMASSIE, J.S.C, (Delivering the Leading Judgment): The appellant was charged with the offence of Armed Robbery contrary to Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Decree No 5 of 1994, now Section 1(2)(a) of the robbery and firearms (Special Provisions) Act Cap. R11 Laws of Federation of Nigeria 2004. The original charge in the case was against only two accused persons, which charge was amended to include four other accused persons with the appellant as the 6th accused person. All the six accused persons pleas were taken and they all pleaded not guilty.
On the 19/11/1996, when the matter carne up for hearing, three (3) of the accused persons were reported to have died in prison, and upon the presentation of their death certificates, their names were struck out, leaving only three (3) accused persons on the charge sheet. The three accused persons pleas were also taken and again they pleaded not guilty.
At the hearing the prosecution called four w…