STEPHEN JONAH ADAH, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Justice of Rivers State Nigeria in charge NO. PHC/1987CR/2007 contained in the judgment of Boma Diepiri, J dated 26th April 2010 in which the Appellant Victor Fabiyi as accused person was convicted and sentenced along with one CPL Wafal Animu to death.
The facts on record are that on 17th September 2006, the Appellant, a taxi driver during the cause of his business along Olu Obasanjo Road, Port Harcourt was flagged down by a group of four people comprising two men and two ladies. They requested that the Appellant should convey them to Tombia Street close to the Meridian Hotel Port Harcourt.
The Appellant charged them N300.00 but they insisted on N200.00. An argument ensued between them and the appellant resulting to hot vulgar exchanges. The Appellant alleged in the scenario that he was molested and robbed of his mobile phone and N1,500.00 (one thousand, five hundr…