A furniture maker in Benin, the Edo State capital, Mr. Kelvin Nogheghase, who was sentenced to death for an offence of conspira-cy to commit robbery by the lower court, has been discharged and acquitted by the Court of Appeal sitting in Benin.
The appellate court, in a unanimous judgment delivered by Justice Mojeed Owoade, described the appeal as meritorious and accordingly allowed it. It set aside the judgment of the lower court which convicted the appellant for the offence of conspiracy to commit robbery under Section 6 (b) of the Robbery Firearms (Special Provisions) Act of 2004.
The appellate court agreed with the appellant’s counsel, Olayiwola Afolabi, that some of the reasons adduced for his conviction were faulty. It held that the lack of proper identification and the contradiction in the evidence of the prosecution witness for the offences of robbery and kidnapping rendered it logically impossible for the charge against the appellant to succeed in the conviction of the offence of conspiracy to commit robbery.