The appellants were indicted on charges of aggravated robbery were
convicted and sentenced accordingly by the trial court and their first appeal to
the court of Appeal was dismissed hence this second appeal.
The first ground on appeal was the conduct of the identification parade and
the court observed that no complaint was raised at trial as nothing had been
pointed out to fatally affect the its conduct.
The second complaint on appeal was about improper identification of the
accused. The court observed that the Court of Appeal had properly re-
evaluated the evidence and evidence against the accused was both direct and
circumstantial and the conditions for proper identification were favorable.
The third prayer was regarding the remittal of the appellants to the High
Court for mitigation proceedings since the constitutional court had outlawed
all statutory provisions for mandatory death penalty.