CLARA BATA OGUNBIYI, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal Benin Division, in criminal appeal CA/B/374C/2010 delivered on the 28th day of May, 2013 by which said judgment, the Court affirmed the conviction and death sentence passed on the appellant by the High Court of Edo state, sitting at Benin City.
Dissatisfied with the judgment of the Court of Appeal, the appellant appealed against same to this Court vide a notice of appeal dated and filed the same day on 12th June, 2013 and raising two grounds of appeal.
SUMMARY OF THE FACTS
The facts of this case as may be gleaned from the evidence of record are that on the 23rd day of December, 2006 the PW1 (one Franca Okuonurie) whilst returning from Abuja was dropped off by the bus she was travelling in at AP junction, Irrua. Whilst at the junction, the appellant - a commercial motor cyclist rider approached PW1 and offered to give a ride on his motor bike to Obedu 1 at a fare of…