KUMAI BAYANG AKAAHS, JSC (Delivering the Leading Judgement): The appellant who faced a two count charge of armed robbery and being in illegal possession of firearms punishable under sections 1(2)(a) and 3(1) respectively of the Robbery and Firearms Act Cap RII Volume 14, Laws of the Federation of Nigeria 2004 was found guilty on both counts by the Delta State High Court, Sapele on 25 July, 2012 and sentenced to death on the 1st count while the sentence on the 2nd count was deferred. He appealed against his conviction and sentence for armed robbery to the Court of Appeal, Benin City. The appeal was dismissed on 18 July, 2014. He lodged a further appeal to this Court in his Notice of Appeal filed on 5 August, 2014. Four grounds of appeal accompanied the Notice from which the following two issues were formulated for determination of the appeal:-
Whether the Court of Appeal was right in the circumstances of this case to have affirmed the death sentence imposed on the appellant by the trial…