P. O. ADEREMI, J.S.C (Delivering the Leading Judgment): The appeal here is against the judgment of the Court of Appeal, Benin Judicial Division delivered on the 4th of March 2005 upholding the conviction and sentence of death passed by the High Court of Delta State, Agbor Judicial Division on the 28th of November 2001.
The appellant had been charged before the High Court sitting at Agbor with a three-count charge of conspiracy and armed robbery under sections 1(2)(a) and 4(b) of the Robbery and Firearms (Special Provisions) Decree 1984 as Amended. And the third count is the second charge of armed robbery committed against one Helen Onyeije.
To establish their case, the prosecution called five witnesses while the appellant personally gave evidence but called no witness. PW1, PW2 and PW3 were eye-witnesses called by the prosecution. In its judgment delivered on the 4th of March 2005 aforesaid, the High Court discharged and acquitted the appellant on count 3 but pronounced him as guilty …