MOORE ASEIMO ABRAHAM ADUMEIN, J.C.A. (Delivering the Leading Judgment): The appellant was tried and convicted of the offences of conspiracy to commit armed robbery and armed robbery on the 1st of November, 2011 by the High Court of Delta State, sitting at Effurun, in Charge No. EHC/12C/2010. He was sentenced to death by hanging. Being dissatisfied with the decision of the trial Court, the appellant appealed to this Court and the appeal was heard on the amended notice of appeal filed on 07/03/2019 but deemed as filed on 19/04/2019; appellant’s brief filed on 16/02/2019 and the respondent’s brief filed on 17/09/2019 but deemed filed on 09/10/2019.
Learned counsel for the appellant articulated the following issues for determination:-
“1. Whether the appellant was properly identified by the prosecution’s witnesses? GROUNDS 4 and 6.
2. Whether appellant’s defence of alibi was properly considered by the trial Court before sentencing him to death? Grounds 5 and 8.
3. Whether the essential ingred…