The Appellants were tried and convicted on a charge of armed robbery contrary to Section 1(2)(a) of Robbery and Firearms (Special Provisions) Act Cap.398 LFN 1990 in the High Court of Enugu State presided over by Nosike J.

The Appellants appealed to the Court of Appeal. Enugu Division and the appeal was dismissed on the 10th of March 2003. This is a further appeal to this Court.

The Respondent's case is that the Appellants and 3 others robbed PW1 Chime Ugwu (hereinafter also called "the complainant") of the sum of N300,000 with a gun and iron rod in the early hours of 29th of June 1997. PW1 had known the Appellants very well before as the 1st Appellant was an apprentice under him and the second Appellant frequently visited him. He said that he recognized the Appellants with the aid of bush lantern.

The prosecution called 3 witnesses and tendered the statements of the Appellants denying any involvement with the crime. The Appellants in their statements to the Police raised a defence of alibi which was never investigated by the Police. The Appellant’s case was a total denial of the offence in their evidence in Court. DW1 Inspector James Eze gave evidence on their behalf.

The Appellants were dissatisfied with their conviction by the trial Judge and appealed to the Court of Appeal, Enugu Division. The Court of Appeal dismissed their appeal.

Further dissatisfied, the Appellants appealed to the Supreme Court.