GEORGE OLADEINDE SHOREMI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Edo State High Court Benin City delivered on 23/11/04.
The facts of the case at the trial court need be stated so as to get a clearer view of how the Appellant came about his predicament.
On 30/11/2000, one Maria Uwaifo and Abdul Nsassan were attacked and robbed of various items by a group of armed robbers at No. 23 Agbonlahor Street, Off Okhoro Road, Benin City. One Chibuzor Ebere (M) (Accused/Principal Party) was identified as being one of the robbers.
Consequently, a charge for the offence of conspiracy and armed robbery was filed against him. His plea was taken on 27/2/2003, the proceedings for the trial of the said Chibuzor Ebere came to an end abruptly when the Accused person was said to have absconded. At that stage of the proceedings only two witnesses had testified and nothing had been tendered by way of Exhibit.
While Chibuzor Ebere was standing trial for the offen…