MOORE ASEIMO ABRAHAM ADUMEIN, J.S.C. (Delivering the Lead Judgment): The respondent was the defendant in Charge No: HU/37C/2012 which was initiated in the High Court of Abia State, holden at Umuahia. He was charged as follows:
"STATEMENT OF OFFENCE
Armed robbery, contrary to Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act Cap. R11, vol. 14 Laws of Nigeria, 2004, as applicable to Abia State.
PARTICULARS OF OFFENCE
NNAMDI PRECIOUS OKORIE, on the 5th day of March 2012, at Nkwere Street by Niger Road, Umuahia in the Umuahia Judicial Division while armed with gun, robbed Hope Chidinma Okemiri of 5 phones and bag containing recharge cards."
Upon a not-guilty plea by the respondent, the prosecution called three witnesses – PW1 (Chidinma Okemini), PW2 (Sgt. Ike Sylvester) and PW3 (CpI. Nwaokoro Joel). The respondent gave evidence in his own defence but called no witness. After taking the addresses of the learned counsel for the respondent and the appellant, respectively, the t…