BELIEVE AYIUWE V. COMMISSIONER OF POLICE

PHILOMENA MBUA EKPE, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Edo State High Court sitting in Benin delivered on the 29th day of September, 2014. Therein the Appellant was convicted and sentenced to death for conspiracy, armed robbery and kidnapping contrary to Sections 2(b) and 1(2) (a) of the Robbery and Firearms (Special Provisions) Act Cap R11 Laws of the Federation and Kidnapping contrary to Section 2(1) and punishable under Section 3(2) of the Kidnapping (Prohibition) Law of Edo State 2009.

On the 6th May, 2013 the Appellant was arraigned before the trial Court and he pleaded not guilty to each of the four counts on the charge. Upon this, the matter proceeded to hearing.

In proof of its case, the prosecution called 4 witnesses and tendered 3 exhibits. The Appellant testified in his defence and called no further witness.

The learned trial Judge R. Irele-Ifeijeh garnered evidence from both sides of the divide and was duly addressed by both …