SIDI DAUDA BAGE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of Acha J. of the High Court of Justice, Edo State, Benin Judicial Division delivered on the 2nd day of June, 2010 in charge No.B/3C/2008. The State v. Ehimen Esene, in which the learned trial Judge convicted and sentenced the Appellant (then accused person) to death by hanging on the charge of armed robbery, under Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act Cap 398 Laws of Nigeria 1990. The Appellant, as accused person in the court below, was charge as follows:
"That you Ehimen Esene (m) on the 23rd of December, 2006 at Ako - Iyobhere bush, Irrua, in the Irrua Judicial Division robbed one Franca Okhuonurie (F) of the sum of N42,000:00 cash, a bag of salt valued N600:00; a bag of rice valued N7,000:00; a wrist watch and necklace valued N22,400:00 and at the time of the robbery you were armed with offensive weapon to wit a knife and thereby committed an offence pun…