STEPHEN JONAH ADAH, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the decision of the High Court of Cross River State sitting at Calabar delivered on the 11th day of June, 2011 in Charge No. HC/30C/2011 by B. T. Ebuta, J. The Appellant was in that decision convicted and sentenced to death on a one count charge of Armed Robbery contrary to Section 1(2) of the Robbery and Firearms (Special Provisions) Act Cap. R. 11 Vol. 14 Laws of the Federation of Nigeria, 2004.
The prosecutions case at the trial was that on 25th March, 2011 in Ikom, Cross River State, several persons including one Uchenna Agha (PW1) were robbed of their handsets and other valuables and physical cash amounting in total to 99,000.00 (Ninety-Nine Thousand Naira) only. The Police in Ikom Division arrested five (5) suspects but two escaped from lawful custody. Among the five suspects are the Appellant and two others namely - Eloka Onuoha and Francis Ransom Felix who were arraigned, tried and convicted…