NWALI SYLVESTER NGWUTA, J.S.C: (Delivering the Leading Judgment): Appellant, then a Military Police Officer attached to the Special Investigation Unit of the Nigerian Army, Ibadan, and two others were tried on an information with three counts of demanding money with menaces with intention to steal contrary to and punishable under S.345 of the Criminal Code Cap. 28 Vol. 1 Laws of Western Nigeria 1959 and one count of stealing contrary to and punishable under S.331 (8) of the same Criminal Code by the High Court, Ibadan.
At the close of the prosecution's case, the trial Court, based on a no-case submission, discharged and acquitted the 3rd accused person on all the four counts of the charge. The appellant and the 2nd accused person were also discharged and acquitted on each of the 2nd and 4th counts. The Court in its ruling on the no-case submission held that the appellant and the 2nd accused had a case to answer in respect of Counts 1 and 3 of the information. Appellant testified in hi…