HELEN MORONKEJI OGUNWUMIJU, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Edo State, delivered by Honourable Justice S.A. Omonua on 21/4/2016 wherein the Appellant was convicted and sentenced to death.
The Appellant was brought before the High Court of Edo State for trial in Charge No B/91C/2010 on a two count charge of conspiracy and Armed Robbery and the trial commenced on the 21st day of January, 2013.
The counts are set out below:-
COUNT 1
That you Hillary Igbinowaya (m) and Ehis Eragha (m) on or about the 30th October, 2008 at about 12:15 hours. At Welder Street, Urura Quarters, Benin City in the Benin Judicial Division conspired among yourselves to commit felony to wit: Armed Robbery and thereby committed an offence contrary to Section 6(b) punishable under Section 1(2)(a) of the Robbery and Firearms (Special Provision) Act, Laws of the Federation of Nigeria, 2004.
COUNT 2
That you Hillary Igbinowaya (m) and Ehis Eragha (m) on or …