MARY UKAEGO PETER-ODILI, JSC (Delivering the Leading Judgment): The Appellant was tried along with one Folorunsho Alufohai by the High Court of Edo State sitting in Benin City on a two count charge of conspiracy to commit armed robbery and armed robbery both punishable under Section 1 (2) (a) of the Robbery and Firearms (Special provisions) Act, Cap 398, Laws of the Federation of Nigeria 1990.
At the end of the trial, the Accused persons were convicted on both counts and on the armed robbery sentenced to death by hanging by the trial judge, M. L Edokpayi (as he then was) on 26/9/2005. The Appellant aggrieved appealed to the Court of Appeal or Court below sitting in Benin which Lower Court affirmed the conviction and sentence of the Appellant.
Further dissatisfied, the Appellant has come before this Court vide a Notice of Appeal filed on the 2nd May, 2013.
The concurrent finding of facts of the trial Court and the Lower Court that on 5th January, 1998, a gang of armed r…