ORJI-ABADUA JCA (Delivering the Lead Judgment): Theappellant, Eno Jonny Udo and one Kendu Uffort were charged before the Robbery and Firearms Tribunal of Rivers State sitting in Port-Harcourt with armed robbery, contrary to section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, 1990.
Particulars of the offence filed on 23 December 1993 in criminal charge No. RS/RFT/1/94 indicate that on 13 July 1991 at No. 14A Ihunwo Street, Woji, Port Harcourt while armed with firearms, namely guns, the appellant and the said Kendu Uffort robbed one Mrs. Christy Uti of her clothes, a coloured television, a radio cassette, an electric pressing iron, two travellers bags and trinkets. The charge was read to them on 7 February 1994 , to which they pleaded not guilty. Seven witnesses were presented by the prosecution while four witnesses testified for the defence inclusive of the accused persons themselves. In the appellant’s statement to the police at the earliest possible time, he raised…