ROWLAND, JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the Edo State High Court holden at Benin, presided over by Oniokpaku, J in charge No. B/250/96. The two appellants Monday Odu and Ikponmwoea Erhunmwunsee were charged with the offences of conspiracy and murder. In her judgment delivered on the 30th day of April, 1997, the appellants were convicted of the offences with which they were charged. The trial court passed no sentence on the count of conspiracy.
The 1st appellant being a juvenile at the material time was ordered to be detained at the pleasure of the Military Administrator of Edo State, while death sentence was passed on the 2nd appellant. Aggrieved and dissatisfied with the judgment of the trial court, both appellants have now appealed to this court.
The case of the prosecution as related by PW1 - Ehigie Ikponmwosa and PW4 - Victor Iyonmana was that on the 13th day of June, 1994, PW1 on being told certain things about the deceased, confront…