PAUL OBI ELECHI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Ekiti State High Court presided over by Lordship, Hon. Justice M.O. Abodunde. The Judgment was delivered on the 21st day of March, 2014 wherein the Appellant and his Co-accused persons (4 number i.e. Tunde Abe (1st Accused), Hyginious Obunisire (2nd Accused), Monday Eze (3rd Accused), and Nonso Vincent (the 4th Accused) were tried on a five (5) counts charge of conspiracy to commit a felony to with: armed robbery in count 1 and armed robbery in counts 2 to 5 respectively.
The trial Judge found the 1st, 3rd and 4th Accused persons guilty as charged on counts 1, 4 and 5 and consequently sentenced them to death by hanging on the neck; on Counts 2 and 3, the learned Trial Judge found 1st, 2nd, 3rd and 4th Accused persons not guilty and discharged them accordingly; equally, the 2nd Accused person was found not guilty on Counts 1, 4 and 5 consequently discharged him and acquitted.
Being ag…