This is an appeal against the judgment of the High Court of Anambra State
delivered by Hon. Justice Peter J. Umeadi on 21/2/2012, wherein His
Lordship convicted the Appellant for armed robbery and sentenced him to
death by hanging or firing squad. The facts that led to this appeal are as
follows:
The Appellant was arraigned before the trial Court on information and
proof of evidence containing a five count charge. The Appellant pleaded
not guilty to the charge. To prove its case, the Prosecution called 5
witnesses at trial. P.W.1 gave evidence that the Appellant in the company
of others had robbed at gunpoint, P.W.1 of her vehicle and other valuables
on their way to Nkpor through Ugwunabankpa Road, Inland town, Onitsha,
after which P.W.1 went to the Police Station and gave a statement. P.W.2
gave evidence that she knew the Appellant very well and she was in the
company of P.W.1 and others in P.W.1's vehicle when the Appellant and
some other people riding on motorcycles blocked their path and forced the
passengers out of the car. The passengers fled into a nearby slaughter
market, while the
1. robbers collected the car, robbed P.W.2 of her Samsung handset and
made off with the car. P.W.2 said she was very familiar with the Appellant
as she had seen him on several occasions. P.W.3 is a Sergeant attached to
the Anti Robbery Squad Inland Town Police Station Onitsha. The
Complainant's matter was referred to him for investigation. P.W.3 stated
that in the course of his investigation, no suspects were identified nor were
any arrests made. At the end of his investigation, P.W.3 wrote a report.
P.W. 4 is a Superintendent of police, serving with the Special Anti
Robbery Squad (SARS). He got to know the Complainant in this case
through a petition she wrote alleging that she was robbed at gun point by a
group of four men riding on motorcycles, and that she had complained to
the Police who were doing little about it, the Complainant named the
Appellant in the petition. P.W.4 in a team of 7 men investigated the
Petition and arrested the Appellant in a bush known to be the home of
notorious criminals during the course of their investigation. P.W. 4 called
P.W.1 to the SARS office where P.W.1 sighted the Appellant and
identified him as one of the men that robbed
2. her. P.W.4 then took additional statements from her and other witnesses.
P.W.4 stated that the Appellant denied the allegations but admitted that he
was a drug dealer. P.W.5 testified that she was not at the scene of the