TOM SHAIBU YAKUBU, J.C.A (Delivering the Leading Judgment): On the 3rd August, 2009, the appellant was found guilty of the offences of conspiracy to commit armed robbery and armed robbery. He was consequently sentenced to death by hanging by Ebiowoi Tobi, J.,of the Delta State High court of Justice, sitting at Otor-Udu.
The appellant and one LUCKY EFE were alleged to have attacked one Rebecca Oderhewo, on 13th October, 2005 at Ovwian within Effurun Judicial Division, Delta State who was robbed of the sum of N300 cash and jewelries worth N3, 000.00. They were said to have been armed with a gun and a cutlass. The appellant denied the two charges against him.
At the trial, the prosecution called two witnesses. An attempt to tender in evidence the extra-judicial statement of the appellant by the prosecution was objected to by the defence on the ground of involuntariness of the said statement. The trial within trial ended in favour of the defence, hence the extra-Judicial statement of the …