The appeal herein emanates from the dismissal of the Appellant's appeal by the Court of Appeal, Benin Division on 8th April 2004. This was sequel to his conviction and being sentenced death for the murder of one Godspower Edeha by the Delta State High Court sitting at Asaba coram: Umukoro, J. on 26th September 2001.
The facts of the case briefly stated, are that the Appellant a police sergeant attached to the Marine Division, Nigerian Police, Asaba, Delta State on 21/05/01 was one of the Police officers engaged in operations against armed robbers terrorising Asaba Township. That the Police after successfully arresting some of the suspected armed robbers at two hotels, the Divisional Police officer (DPO) who testified in the trial court as 10PW, led some of the Police officers including the Appellant to No. 12B Oritshe Street Cable Point, Asaba in search of one "Nonso" a suspected notorious armed robber who recently escaped from Police custody and was suspected to be at that address t…