EKPE JCA (Delivering the Lead Judgment): This appeal emanates from the judgment of the Delta State High Court of Justice, Kwale Judicial Division, by the Honourable Judge Briki-Okolosi, delivered on 28 October 2008, in which the appellants were sentenced to death by hanging for conspiracy to commit armed robbery and armed robbery, pursuant to section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, Cap. R11, Volume 14, Laws of the Federation of Nigeria, 2004. The appellants were arraigned before the High Court of Delta State of Nigeria on a two-count charge which reads as follows:
Statement of offence: Count 1
Conspiracy to commit armed robbery punishable under section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, Cap. R11, Volume 14, Laws of the Federation of Nigeria, 2004. A
Particulars of offence: Kingsley Oveh (M) and Ifeanyi Agha (M) on or about 20 July 2005 at Asaba within the Asaba Judicial Division conspired to commit armed robbery.
Statement of…