OGUNBIYI JSC (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of Appeal, Benin Division, in criminal appeal No. CA/B/374C/2010, delivered on 28 May 2013 by which said judgment, the court affirmed the conviction and death sentence passed on the appellant by the High Court of Edo State, sitting at Benin City.
Dissatisfied with the judgment of the Court of Appeal, theappellant appealed against same to this court vide a notice of appeal dated and filed the same day on 12 June 2013 and raising two grounds of appeal.
Summary of the facts :
The facts of this case as may be gleaned from the evidence on record are that on 23 December 2006, the PW1 (one Franca Okuonurie) whilst returning from Abuja was dropped off by the bus she was travelling in AP junction, Irrua. Whilst at the junction, the appellant - a commercial motorcyclist rider approached PW1 and offered to give her a ride on his motor bike to Obedu 1 at a fare of N300.00. PW1 and the appellant eve…