<p>AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment delivered on 19/1/2007 by the High Court of Justice, Edo State, holden at Benin City (hereafter simply referred to as &quot;the lower court&quot;) presided over by Hon. Justice R.I. Amaize (hereafter simply referred to as &quot;the learned trial Judge&quot;). In the judgment, the lower court convicted the Appellant for the offence of armed robbery and sentenced him to death by hanging.</p><p> The facts of the case briefly stated are that on 1/4/2003 at about 2am a group of armed robbers (about 7) invaded the residence of one Musah I.O. Ighalo. The robbers were armed with guns, machetes, battle axes and iron rod. They beat up and deprived Musah Ighalo of various sums of money and inflicted serious injuries on members of his family. Indeed a son of Musah Ighalo died shortly after the robbery from the injury he sustained at the hands of the armed invaders. The Appellant who is also a son of Musah Ighalo (…</p>