MOSES ETISI V. THE STATE

BARKA JCA (Delivering the Lead Judgment) : This appeal is against the judgment of the High Court of Delta State, sitting at Otu-Jeremi in suit No. HCG/5C/2009, before Hon. Justice A.A. Onojovwo, delivered on 15 July 2013, wherein the appellant was convicted and sentenced to death by hanging having been found guilty of the offence of conspiracy to commit armed robbery and armed robbery.

The facts germane to this appeal commenced before the lower court when on 3 August 2009, the appel ant with three others were arraigned on a four-count charge of conspiracy to commit murder, murder, conspiracy to commit armed robbery and armed  robbery. It was the prosecution’s case that the appellant and his three other co-accused persons on 14 July 2008 at Ovwodokpokpo Olomu in Otu-Jeremi Judicial Division, robbed one Sunday lbru Oduaran while armed with guns, punishable under section 1(2) (a), (b) of the Robbery and Firearms (Special Provisions) Act, Cap. R11 Vol. 14 Laws of the Federation of Niger…