UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering The Leading Judgment): This is an appeal against the judgment of the High Court of Delta State delivered on 19th June, 2008 wherein the Appellant was convicted for the offences of conspiracy to commit armed robbery and armed robbery. The Appellant was in consequence of the conviction sentenced to death. Being dissatisfied with the judgment, the Appellant appealed against the same. And so here we are.
The facts leading to the charge against the Appellant as made out by the prosecution, in so far as is apparent from the cold printed records, show that while the PW4 was away from home, his residence was broken into and some items stolen therefrom. The PW4 lodged a report with the police who visited the scene. Later that same night, some persons tried to scale the gate of the residence of the PW4 whereupon the PW4 escaped and went to the police station to report. He later returned with some policemen who engaged in a shoot-out with some people …