HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice J. A. OYAKHIROME of the Edo State High Court delivered on 29th of October, 2008 in which the appellant was sentenced along with three others to death by hanging for the offences of conspiracy to commit armed robbery and armed robbery. At the hearing of the appeal, learned appellant's counsel brought to the court's attention the fact that the original 2nd appellant had by a bench judgment been discharged and acquitted by this court on 24/4/2012. He was the appellant in CA/B/.332CB/2009 - Blessing Ero Osayande. The facts that led to this appeal are as follows:
The case of the prosecution at the trial was that on 26/2/2006 at about 2am, one Mrs. Ehanire Claudette Iyobosasere (PW1) and her children were attacked by a gang of armed robbers. They were beaten up by the robbers and their property which included money, handsets, coral beads and re-charge cards were stole…