OBANDE FESTUS OGBUINYA, J.S.C. (Delivering the Lead Judgment): This appeal interrogates the rightness of the decision of the Court of Appeal, Port Harcourt Division (hereinafter addressed as "the lower Court") coram judice: M. Fasanmi, S. J. Adah and B. G. Sanga, JJCA, in Appeal No. CA/PH/440CR/2012, delivered on the 15th July, 2015. In its decision, the lower Court affirmed the judgment of the High Court of Bayelsa State (the trial Court), in Charge No. YHC/15C/2003, delivered on the 29th July, 2005, wherein M. I. Akpomiemie, J, convicted and sentenced the appellant to death.
The synopsis of the essential facts of the case, which transformed into the appeal, are disobedient to verbosity and complexity. On or about the 12th March, 2003, at Onopa junction in Onopa town of Bayelsa State, the deceased, Preye Agbagidi, and his brother, Patrick Agbagidi, were waiting to board a motorbike to their house. There were six boys standing in front of a photo studio that was near the Onopa junction…