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OLAIYA
V.
STATE

(2017) JELR 37311 (SC)

Supreme Court 8 Dec 2017 Nigeria
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- The case involves a violent clash between members of two political parties in Nigeria. - The appellant, a police officer, was sent to the scene to restore peace and order. - The appellant and another police officer fired shots from their

Case Details

Suit Number:SC.562/2014
Judges:MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria JOHN INYANG OKORO Justice of The Supreme Court of Nigeria AMIRU SANUSI Justice of The Supreme Court of Nigeria EJEMBI EKO Justice of The Supreme Court of Nigeria
Counsel:O. O. Ajose Adeogun, Esq. For Appellant For Respondent

EJEMBI EKO, JSC (DELIVERING THE LEADING  JUDGMENT): On 23rd March, 2011, in the morning, violent fracas broke out between the members of the Peoples Democratic Party (PDP) and the Action Congress of Nigeria (ACN) at Kota Junction, Omuo Ekiti, in Ekiti State. The fracas was occasioned by accusation and counter-accusation of the tearing of posters of the two rival political parties by their respective supporters.

A police team, comprising seven policemen including the appellant herein and one Cp1. Ameh Richard, was sent to the Kota Junction to restore peace and order. The Divisional Police Officer (DPO) led the team. He had a pistol. The appellant and Cpl. Ameh Richard, respectively the 2nd and 1st Accused at the trial Court, each had an AK 47 riffle officially assigned from the office.

The mobsters at the scene of the crime were allegedly dangerously armed with guns, cutlasses, bottles etc. The DPO fired shots into the air to draw attention of the mobsters and warn the volatile crowd. Th…

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