ESO, J.S.C. (Delivering the Leading Judgment ): This appeal came before this Court on 24th February, 1983. After taking the submissions of the learned counsel for the appellants, we did not consider it necessary to call on the learned counsel for the State, Mr. Edokpayi, the Deputy Solicitor-General of Bendel State.
We dismissed the appeal and adjourned till today to give our reasons for our decision. I now give my reasons for agreeing that the appeal be dismissed.
The case was first tried in the Warri High Court. In an appeal to the Federal Court of Appeal, that Court ordered a retrial and that retrial was confirmed by this Court on 12th April, 1979. The present appeal therefore, is an appeal following that retrial.
It was a tragic incident. One Obiogbo had a fight with one Solmon Ebikeme as a result of which the latter died. Jibunor Anigho, the deceased in this case, was master of Obiogbo and he, Anigho, went to the police station to report the matter.
An investigation party, incl…