UWANI MUSA ABBA-AJI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of Owerri High Court, Imo State presided over by Hon. Justice P. O. Nnadi in charge No.HOW/1C/2001 delivered on the 25th February, 2010 whereby the Appellant was sentenced to death by hanging.
The Appellant was among the eight accused persons charged before the Court below on a one count charge of Armed Robbery contrary to Section 1(2) (a) of the Robbery and Firearms (Special Provisions) Act, Cap 398 Vol. XXII Laws of the Federation of Nigeria, 1990.
A summary of the facts of this case as can be garnered from the evidence of the prosecution witnesses are that on the 1st day of March, 1999 at about 1:30am, a group of armed robbers armed with firearms struck at the house of one Anyiam Osuigwe at Umuinye Nkwerre in Nkwerre Local Government Area of Imo State.
Three of the armed robbers entered the living room where Chukwuka Emmanuel Anyiam Osuigwe (PW1) was sleeping and woke him up, tied …