(2004) JELR 44970 (CA)    

Court of Appeal  ·  CA/B/139/2002 ·  7 Apr 2004 ·  Nigeria
Other Citations
Ibikunle v. State (2005) 1 NWLR (Pt.907)387
RABIU DANLAMI MUHAMMAD Justice of The Court of Appeal of Nigeria MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE Justice of The Court of Appeal of Nigeria NWALI SYLVESTER NGWUTA Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
learned trial judge
reasonable doubt
police act
police officers
prosecution witnesses
offence of murder
trial judge
defence of provocation
delta state
learned counsel
statutory protection
armed robbers
credible evidence
defence of self-defence
accused person
defence of accident
laws of the federation of nigeria
above judgment
additional grounds of appeal
asaba delta state
case of murder
considered judgment
different person
divisional police officer b division
door inspite of the fact
door of the apartment
following circumstances
high court
honourable court
leading judgment
leave of this court
marine division nigeria police
murder of the deceased
no. 12b onishe street
notice of appeal
police sergeant
said information swings
statutory defence
such conflict
totality of the evidence
vol.2 of bendel state of nigeria
deceased accidental
preview of the lead judgment

MUNTAKA-COOMASSIE, J.C.A. (Delivering the Leading Judgment): The appellant herein, as an accused person before the High Court, Asaba Delta State, was charged on an information containing one count with the offence of murder, facts of which were that the appellant was a Police Sergeant attached to the Marine Division Nigeria Police, Asaba, Delta State. That on 21/5/2001, the appellant was one of the Police Officers who were on operations against armed robbers terrorizing Asaba Township. This is because earlier on, the appellant brought an information to the Divisional Police Officer B Division, to the effect that some notorious Armed Robbers, including one Nonso were present in town. PW10, acting on the said information swings into action and led three other Policemen, PW4, PW5 and the appellant. After arresting ten suspected armed robbers in two Hotels, the same PW10 led some other Policemen including the appellant to No. 12B Onishe Street, Cable Point, Asaba in search of Nonso, a not…

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