UZO I. NDUKWE-ANYANWU J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of the Robbery and Firearms Special Tribunal sitting at Ikot Ekpene, Akwa Ibom State delivered on 28th day of May, 1999 convicting and sentencing the appellant and his co-accused to death for the offence of armed robbery contrary to Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Decree No.5 of 1984.
Being dissatisfied, the Appellant appealed against his conviction and sentencing. Briefly, the prosecution, alleged that at about 2:00am on 17th day of December, 1995, the appellant with others attacked one Archibong Sam Mkpek in his home with guns and matchet of Omong Village in Etinan Local Government Area of Akwa Ibom State. The robbers threatened Pw1 with a gun and even matcheted him on his right hand. He lost consciousness during the robbery from bleeding. His wife who was with him at the time also gave evidence that the robbers took away money, household items and …