DESMOND AICHENABOR V. THE STATE

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A.(Delivering the Leading Judgment): This appeal is against the judgment delivered on 22/4/2010 by the High Court of Edo State holden in Benin (hereafter referred to as the lower court) presided over by Hon. Justice A. Edodo-Eruaga (hereafter referred to as the "learned trial Judge"). The Appellant was charged before the lower court on a two count Information with the offences of conspiracy to commit the offence of armed robbery and actual offence of Armed Robbery punishable under Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, Cap. 398, Laws of the Federation of Nigeria 1990. Having found the prosecution to have proved its case against the Appellant beyond reasonable doubt, the lower court convicted the Appellant on each of the counts preferred against him and sentenced him to death by hanging.

At the trial of the charges/counts preferred against the Appellant, the prosecution fielded four witnesses and tendered the statement m…