SAMSON EZE V. THE STATE

HAMMA AKAWU BARKA, J.C.A.(Delivering the Leading Judgment):

This is an appeal against the judgment of the Edo State High Court of Justice sitting in Benin City in Charge No. BA/46C/07; delivered on the 3/2/12 wherein the appellant, was convicted and sentenced to death by hanging. It should be noted that Appellant and two others were charged as follows:

Count I:

That you Samson Eze, Omoh Adams and Osamuyi Obazee on or about the 21st day of March, 2006 along Ugbague Junction, Benin City in the Benin Judicial Division conspired to commit a felony to wit armed robbery and thereby committed an offence punishable under Section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act No. 6, Cap 398 Laws of the Federation of Nigeria, 1990.

Count II:

That you Samson Eze, Omoh Adams and Osamuyi Obazee on or about the 21st day of March, 2006 along Ugbague Junction, Benin City in the Benin Judicial Division robbed one Pastor Nath Onokala of his NEC Camera handset, at the time of the robbery you…