The Supreme Court on Friday in Abuja affirmed the concurrent conviction and sentence to death by hanging of Ilodibe Uche by a Federal High, Benin, and the Court of Appeal, Benin Division, respectively.
Uche, was on March 30, 2010, sentenced to death by hanging by the trial High Court over conspiracy to commit armed robbery, actual armed robbery and illegal possession of firearms.
The Court of Appeal, Benin Division, subsequently affirmed the conviction and sentence in its judgment of February 21, 2013.
Delivering a unanimous judgment, Justice John Fabiyi, who led the five-man panel, upheld the decisions of the two lower courts and dismissed Uche’s appeal forthwith for lacking in merit.
“No doubt, the prosecution proved all the essential ingredients of the offence of armed robbery beyond reasonable doubt.
“The judgment of the court below delivered on 21st February, 2013 in which the judgment of the trial court delivered on 30th March, 2010 was affirmed is, hereby, confirmed by me.
“On the whole, I find that the appeal is devoid of merit and it is, hereby, dismissed,’’ Afolabi held.
The convict was arraigned for robbing at gunpoint Ndubusi Bayem and Awele Bayem of the sum of N9,000 and a Nokia GSM telephone at their shop in Asaba, Delta State, on 1st December, 2006.
The apex court held that there was no miscarriage of justice by the trial court to warrant a reversal of the judgment the appellant who was caught in the act.