JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of Edo State High Court, Benin City in Charge No. B/9C/2008 THE STATE V. ANTHONY IGHELE and ANOR, delivered on 29th day of October 2014 wherein the Appellant was convicted as charged and sentenced to death by hanging.
Briefly, the facts of the case are that on the 28th day of February, 2013, the Appellant who was the 1st accused at the lower Court was charged along with another accused person on a four count charge of Conspiracy to commit Armed Robbery and Armed Robbery contrary to Section 5(b) and punishable under Section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act Cap 398, Laws of the Federation of Nigeria, 1990.
The charge was later amended by the Prosecution on 9th day of July, 2014 and the Appellant took a fresh plea on a three count charge of Conspiracy to commit Armed Robbery and Armed Robbery contrary to Section 6(b) and punishable under Section 1(2) (a) of th…