OGWUEGBU, J.S.C. (Delivering the Leading Judgment): The appellant (Gabriel Osakwe) was arraigned with four others in the High Court of Justice of the former Bendel State in Abudu Judicial Division holden at Abudu on a two count information alleging conspiracy and murder of one Anna Nun on 29th November, 1984.
The case proceeded to trial and at the end, all the accused persons were found guilty on both counts and each was sentenced to death by hanging. Each of them appealed against the decision to the Court of Appeal, Benin Judicial Division.
While the appeal was pending in the Court of Appeal, that court was informed that the five convicts escaped from Benin Prisons where they were held in custody following a jail break on 25th May, 1989. As a result, the appeal was adjourned sine die. The appellant herein (Gabriel Osakwe) later surrendered himself to the prison authorities. His appeal was subsequently heard by the Court of Appeal which dismissed it on 26th October, 1990. Not satisfi…