BENSON ESANGBEDO V THE STATE

NNAEMEKA-AGU, JSC (Delivering the Leading Judgment): This is a further appeal by Benson Esangbedo against the confirmation by the Court of Appeal, Lagos Division, of his conviction by the Lagos High Court. The appellant and two others, who were discharged and acquitted at the conclusion of the trial, were charged on a three count information that on or about the 23rd day of April, 1983, at various addresses in Okota Village, Isolo, they and other persons unknown, armed with offensive weapons - pistol, cutlasses and axes - robbed Muyibatu Apena (P.W.1), Lizzy George Okon (P.W.2) and Lawal Amizu (P.W.3) of various sums of money and jewelry contrary to section 402(2)(a) of the Criminal Code, Laws of Lagos State, 1973. At the conclusion of the trial, Obadina, J., discharged and acquitted the 2nd and 3rd accused persons, found the appellant not guilty on the 3rd count but guilty on two counts of the information and sentenced him to death. His appeal to the Court of Appeal was summarily dis…