SANKEY, J.S.C. (Delivering the Leading Judgment): This appeal is against the decision of the Court of Appeal (court below) sitting in Calabar delivered on 07-01-2020, Coram: Obande Festus Ogbuinya, JCA (now JSC) delivered the lead judgment; Yargata Byenchit Nimpar, JCA; and Muhammed Lawal Shuaibu, JCA. Therein, the court below affirmed the conviction and sentence of death imposed on the appellant by the trial High Court of Akwa Ibom State (trial court) in its judgment delivered on 10-07-2017.
Briefly, the facts leading up to this appeal are as follows: the appellant and two others (at large), on 06-06-2009 at Ikpe Atai village of Etim Ekpo LGA killed two persons, namely: Monday Matthew and Owoidoho Monday Matthew by pouring petrol on them and setting them on fire. It was further alleged that on the same day and in the same vicinity, the appellant and his cohorts set ablaze the Holy African Apostolic Church as well as a Q-link Motorcycle both belonging to one Elder Ime Matthew of Ikpe …