HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice J.O Aigbuloko Oyakhirome delivered on the 24/01/08 at High Court of Justice, Benin City, Edo State, wherein the Appellant was convicted for the Offence of Conspiracy to commit Armed Robbery and the Offence of Armed Robbery and sentenced to death by hanging.
The facts that led to this appeal is as follows:
On the 27th of June, there was an Armed Robbery incident by a gang of armed robbers at a Chuks Aghol Petrol filling station at Upper Mission Road in Benin. The armed robbers obtained money from the staff and customers, got into their vehicles and left one of their members in a bid to make a run for it. A chase ensued. Subsequently, boys in the area brought the Appellant back to the station as the armed robber that got away. The Appellant was then taken from the filling station to the Police station.
The Appellant, Colman Momoh was arraigned before the trial co…