PROMISE CHUKWUEKULA V. THE STATE

PHILOMENA MBUA EKPE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgement of the Edo State High Court of Justice, delivered on the 19th day of May 2014 in which the Appellant was convicted on a three-count charge of conspiracy and armed robbery and thereby sentenced to death.

BRIEF FACTS OF THE CASE:

Appellant was arraigned on a three-count charge of conspiracy and armed robbery together with one Kingsley Ogbewe. They were both convicted of conspiracy in Count 1, and sentenced to fifteen years imprisonment with hard labour but the Appellant was convicted alone for armed robbery on counts 2 and 3 and sentenced to death. The armed robbery allegedly took place at about 11:30pm. The robbers used a flash light to perpetuate the offence as there was no light. PW1, who carried out the initial investigation, found as a fact that the case as reported was for burglary, stealing and rape and not armed robbery (Page 22-23 of the Record). PW3 and PW4 purportedly identifi…