JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of High Court of Justice, Benin Judicial Division, Edo State of Nigeria in Charge No. B/133C/2011 ? THE STATE V. EMWANTA OGIEMWONYI delivered on the 27th day of February 2014 wherein the Accused/Appellant was convicted of the offences of conspiracy to commit armed robbery and armed robbery punishable under Section 6(b) and 12(a) of the Robbery and Firearms (Special Provisions) Act and sentenced to death.
Briefly, the facts of the case are that on the 12/12/2009 at about 8.30pm, the Appellant and one Maleke Imagbenikaro (now deceased) while armed with a cut to size gun robbed one Mohammed Azeez, while on his way home from work, of his two handsets (Nokia 1200 and Nokia 1600). The victim Mohammed Azeez raised an alarm which alerted the neighbours who quickly came to his aid. This led to the arrest of Maleke Imagbenikaro, while the Appellant fled the scene of crime. The two handsets and t…