HELEN MORONKEJI OGUNWUMIJU, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal, Abuja Division delivered by their Lordships; Abubakar Datti Yahaya (JCA), Peter Olabisi Ige (JCA) and Emmanuel Akomaye Agim (JCA) (as he then was) on the 29th of March, 2017 wherein the Court below allowed the Respondent's appeal and quashed the conviction and sentence of death by hanging meted down to the Respondent by the trial Court.
The facts which led to this appeal are as follows:
The Respondent was charged before the High Court of Niger State on a one count charge of armed robbery contrary to and punishable under Section 1 (2) (a) and (b) of the Robbery and Fire Arms (Special provisions) Act. The case of the prosecution is that on or about the 30th day of March, 2015 between the 2100hrs and 2130hrs, one Jibrin Tanko - P.W.1 and his younger brother Sani Yusuf P.W.2 while on their way back from Yidna village on a red motorcycle, saw two people standing b…