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TSAMMANI, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal, Benin Division, delivered on the 1st day of November, 2019, wherein the Court of Appeal confirmed the conviction of the appellant for the offenses of armed robbery and conspiracy to commit armed robbery and sentenced him to death by hanging.
The case of the prosecution against the appellant before the trial court was that, on the 9th day of January, 2009, one Mrs. Elizabeth Onomrerhinor (PW1) was on her way home from Warri in the company of her daughter and driver when the vehicle they were traveling in developed a mechanical fault along the Express Road towards the Effurun roundabout. That they stopped in order to check the problem when suddenly two boys armed with guns accosted them;and that in the process, she was robbed of her necklace, hand bag and money. The boys (robbers) were pursued into the bush by a team of policemen on patrol led by PW3, and the appellant was caug…