BABALOLA & ANOR
V.
THE STATE
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Upgrade required to show details LEWIS, J.S.C.: (Delivering the Leading Judgment): On the 11th of July, 1969 Bassey, J. in the High Court Calabar convicted the two accused persons in Charge No. C/5C/69 of robbery contrary to section 402 of the Criminal Code and sentenced each of them to 10 years imprisonment with hard labour.
The case for the prosecution put briefly was that the two accused persons were policemen and the second accused called out of a queue Sunday Babalola (1st P.W.) and Shedrack Owolabi (2nd P.W.) on the 6th of September, 1968 when they were waiting to deposit money which they had in a brief case (exhibit 1) at Barclays Bank, Calabar. He then produced his identity card and said he was a policeman from the C.I.D. and required them to come and see his "Oga" meaning "Boss". They agreed and on the way they met the 1st accused who asked what was happening and on being told he asked if they had money and when they said they had he asked how much but the 1st P.W. refused to tell him. The 1st accused then t…
