JOSEPH EYO EKANEM, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of High Court of Edo State, holden at Benin City (the trial Court) delivered on 16/4/2014 in Charge No. B/64C/2012 by Oyomire, J. In the judgment, the trial Court found the appellant guilty of three out of four counts of offences, to wit: conspiracy to commit armed robbery, armed robbery and kidnapping. He was accordingly sentenced to death by hanging in respect of armed robbery and 21 years imprisonment with hard labour without option of fine in respect of kidnapping.
Dissatisfied with the decision, the appellant appealed to this Court vide a notice of appeal which was filed on 5/5/2014. The notice of appeal was subsequently amended by the order of this Court made on 30/11/2020.
The facts of the case which has sired this appeal may be summarized as follows: the appellant was charged before the trial Court on a four count information bearing the following offences:-
i. Conspiracy with others …