AYOOLA, J.S.C. (Delivering the Leading Judgment): The appellants were two of eight persons jointly charged at the High Court of (what was then) Bendel State with the offences of conspiracy to commit felony contrary to section 519 of the Criminal Code, Cap. 48 Vol II Laws of Bendel State of Nigeria, 1976 and murder contrary to seclion 319 (1) of the said Code. The two appellants, Jonathan Igbi and Okiemute Odibo, who were respectively 6th and 8th accused at the trial, now, respectively the Ist and 2nd appellants on this appeal. In the course of the trial three of the accused persons had died in prison and three were acquitted and discharged at the conclusion of the trial. The two appellants were found by the High Court of Bendel State (as it then was) not guilty of the offence of conspiracy but guilty of offence of murder as charged and incurred the mandatory sentence of death by hanging on 31st July 1991. Their appeals to the Court of Appeal were dismissed on 17th September 1998. Thes…