OGUNTADE, J,S,C (Delivering the Leading Judgment): The appellants were two of the four accused persons arraigned before the Benin High Court of Edo State upon an information for conspiracy to commit murder and murder contrary to sections 324 and 317(1) respectively of the Criminal Code Law of Bendel State of Nigeria Cap. 48 applicable in Edo State. Before the said High Court, the 1st and 2nd appellants were the 1st and 4th accused persons respectively. At the close of trial, the trial Judge Idahosa J. on 19th June 1996 discharged and acquitted the 2nd and 3rd accused persons on the two counts. The appellants were each found guilty of the offence of murder and sentenced to death.
Dissatisfied with their convictions the appellants brought an appeal before the Court of Appeal Benin (hereinafter referred to as the court below) and that court (Coram Ba'aba, Ibiyeye and Akaahs, JCA) in a unanimous judgment delivered on 8th March, 2002 dismissed the appeals. The appellants have come before …