ADIO, J.S.C. (Delivering the Leading Judgment): In the High Court of the Enugu State of Nigeria, Enugu Judicial Division, the appellant was charged with murder contrary to section 274(1) of the Criminal Code. Cap. 36 of the Laws of Anambra Slate, 1986. applicable in Enugu State. The allegation was that he,the appellant, murdered one Francis Madu (M) on the 9th day of January, 1989 at Udi and Enugu Judicial Division.
The evidence led by the prosecution was that on the day of the incident, the deceased was a passenger in a mini-bus driven by the P.W.2. The deceased, a police constable, wore police uniform and was sitting with the P.W.2 in the front seat of the motor vehicle. When the aforesaid motor vehicle reached a check-point near Nkwo-Agu market at Udi a constable on duty with the appellant, who was a police officer of the rank of Assistant Superintendent of Police, demanded money from the P.W. 2 before the motor vehicle being driven by the P.W. 2 would be allowed to pass the check …