KATSINA-ALU, J.S.C.: I have had the advantage of reading in draft the judgment
delivered by my learned brother, Edozie, JSC. I am in complete agreement with his
reasoning and conclusion. For the reasons which he gives I too would set aside the death
sentence passed on the appellant and in its place I order that he be detained at the
pleasure of the Governor of Edo State.
KALGO, J.S.C.: I have had a preview of the judgment just delivered by my learned
brother, Edozie, JSC in this appeal. I agree entirely with his reasoning and conclusions
which I adopt as mine.
I therefore find that the defence of insanity does not avail the appellant in the
circumstances of this case. But in view of the conflicting evidence on his age at the time
of the commission of the offence, he is entitled to the benefit of the doubt on that. For
this and the more detailed reasons given by my learned brother, Edozie, JSC, I hereby set
aside the sentence of death passed on the appellant by the trial court and confirmed by
the Court of Appeal and in its stead I order that the appellant be kept at the pleasure of
the Governor of Edo State.
UWAIFO, J.S.C.: I agree with the judgment of my learned brother, Edozie, JSC for the
reasons he gives that the appeal be allowed on the question of the death sentence based
on the age of the appellant at the time the offence was committed. In the event, I also
make the order for the detention of the appellant at the pleasure of the Governor of Edo
State.
Appeal allowed in part.
Appearances
Etigwe Uwa, Esq.
O. A. Omonuwa, Esq. (with him, N. T.
Ekwejie [Miss])
For the Appelants
For the Respondents
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