ONYEKACHI A. OTISI, J.C.A (Delivering the Leading Judgment): This is an appeal against the Judgment of the High Court of Cross River State, sitting of Calabar, in which the appellant was found guilty of armed robbery and sentenced to death by hanging or by firing squad, as the Governor may direct.
The facts leading to this appeal are as follows: the Appellant was arraigned alongside another accused person, one Koko Bassey Usoh on a one count charge of armed robbery, contrary to Section 1(2)a of the Robbery and Firearms (Special Provision) Act, Vol. 14 Cap R11, Laws of the Federation 2004. The particulars of offence are that the Appellant and the 2nd accused person on 23rd June, 2005 at Abitu Street, Calabar, Cross River State while armed with knives robbed one Emmanuel Nna Nna of the sum of N2, 600.00, and, his unregistered motorcycle. Trial commenced. At the close of the case for the prosecution, the defence made a no-case submission. The Trial Judge ruled on the submission, and disc…