OGUNWUMIJU JCA (Delivering the Lead Judgment): This is a

consolidated appeal involving two appellants, who were convicted and sentenced to death by Hon. Justice P. M. Okoh of the Delta State, High Court on 1 3 March 2009.

The facts that led to this appeal is as follows:

The appellant was charged in charge No. HCY/5C/2002 with one Cletus Utomi, who died in custody before trial. While Cletus Utomi was charged with armed robbery. the appellant was charged in count III of the charge with being an accessory after the facts of armed robbery, punishable under section 719 of the Criminal Code, Cap. 48, Vol. II, Laws of Defunct Bendel State, 1976. When Honourable Justice C. O. Ogisi resumed duty as judge at Owa-Oyibu Judicial Division, her ladyship transferred the matter to Agbor High Court of Justice, on the grounds that she rendered the legal opinion which gave rise to the charge while she was the Director of Public Prosecution before her elevation to the Bench. While the trial was on, the resp…