FREDERICK OZIAKPONO OHO, J.C.A. (Delivering the Leading Judgment): This Appeal is against the Judgment of the High Court of Edo State sitting at Auchi Judicial Division Coram: EFE IKPONMWONBA, J delivered on the 2nd day of March, 2010 wherein the Court below convicted and sentenced the Appellant who was Accused person for the offences of conspiracy and Armed Robbery punishable under Section 5(B) of the Robbery and Firearms (Special Provisions) Act Cap. 398 Laws of the Federation of Nigeria, 1990. The lower Courts judgment is at pages 56-57 of the records.
At the trial, three (3) witnesses testified for the prosecution while the Appellant testified in his defense and called no witnesses. At the close of evidence the Appellant was discharged in three (3) of the five counts charge due to failure of the prosecution to prove the counts. At the conclusion of trial the Appellant as Accused person was convicted and sentenced to death. Dissatisfied with the judgment of the Court below, the Appe…