HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of Hon. Justice P. M. OKOH delivered on 13th March, 2009 wherein the appellant being charged with conspiracy to commit armed robbery and armed robbery was convicted of said offences and sentenced to death. The facts that led to this appeal are as follows:-
Sometime on 23rd January, 2003 the police arrested appellant over alleged robbery incident that took place on 4th day of November 2000, at Umunede in Ika North/East Local Government Area of Delta State. Sometime in the year 2005, appellant was arraigned before Honourable Justice P. M. Okoh of High Court of Justice, Agbor Judicial Division on three counts information of conspiracy and armed robbery vide charge No. AG/5C/2005. Umunede the scene of the alleged armed robbery is a community within Owa-Oyibu Judicial Division with the administrative headquarters at Owa-Oyibu in Ika North/East Local Government Area of Delta State. …