OPUTA, JSC (Delivering the Leading Judgment): This appeal was heard on Thursday, 16th May, 1985. After carefully reading the records of proceedings, the Briefs of Argument filed on both sides. and listening to learned counsel, the Court decided to allow the appeal. The appeal was then allowed, the judgments of the courts below set aside, as well as the conviction and sentence of the trial court. In their stead, a verdict of Not Guilty was entered and the appellant was accordingly acquitted and discharged. The Court then indicated that Reasons for Judgment would be given on the 11th July, 1985. Hereunder are my reasons.
The appellant was in the court of first instance charged with Armed Robbery punishable by death under Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Decree No. 47 of 1970. He was on 29/9/83 found guilty by Ajuyah, J. sitting in the Warri Judicial Division of the Bendel State High Court, and sentenced to death. The appellant then appealed against his co…