BARKA JCA (Delivering the Lead Judgment): The appellant has by this appeal, challenged his conviction and sentence to death, under section 1(2)(b) of the Robbery and Firearms (Special Provisions) Act Cap. 398, Laws of the Federation of Nigeria, 1990, delivered by the Edo State High Court of Justice, sitting in Benin on 6 October 2005. The appellant was a driver to one Boniface A. A. Guobadia (PW1). The prosecution’s case is that on 3 May 2003, when the appellant was driving PW1 to work, on reaching a lonely road, stopped the vehicle, pretending that the vehicle had problems. He then came out of the car, opened the bonnet of the vehicle, took out a bag of sand, and slammed it on the face of PW1. While the victim was totally confused and helpless, the appellant robbed him of a bag containing N70,0000.00 (seventy thousand naira), and disappeared. Three
(3) months later, on 6 August 2003, the appellant broke into the house of PW1, and attempted to rob him. He was arrested by the police, …