NONSO AGBO V. THE STATE

FESTUS OBANDE OGBUINYA, JSC (Delivering the Leading Judgment): This appeal probes into the correctness of the decision of the Court of Appeal, Enugu Division (herein under addressed as "the lower court"), coram judice I.I. Agube, M.O. Bolaji-Yusuf and A.I. Andenyangtso, JJCA, in Appeal No: CA/E/63C/2019, delivered on the 18th June, 2020. In its decision, the lower court affirmed the decision of the High Court of Enugu State (the trial court), in Suit No: E/160C/2013, delivered on the 6th February, 2019, wherein E.N. Oluedo, J. convicted and sentenced the appellant to death for the offence of armed robbery.

The resume of the essential facts of the case, which transformed into the appeal, are disobedient to complexity. On the 21St October, 2012, at about 7.30 pm, at Obeagu bus stop Awkunanaw, in Nkanu West LGA of Enugu State, one Sunday Nneji Oko and his wife alighted from a vehicle and the appellant and two other persons started beating them. They robbed them of their laptop, handsets, …