The appellant in this appeal was a sergeant in the Nigeria Police Force. On 7-2-1997, he was on Anti-Crime patrol duty along Sagamu Benin Express-Way. The patrol team was under the command of an Assistant Superintendent of Police. On arrival at the Express Way, the Commander of the team divided it into two. The appellant's team was stationed along the Benin-Sagamu side of the Express Way. The Commander and his other team were on the Sagamu-Benin side. The two teams were about 100 meters apart.
Not long after the arrival of the patrol teams and taking their positions, the Commander of the team heard gun shots from the Benin-Sagamu side of the Expressway. He shouted and asked who fired the gun shots. He saw the appellant walking towards a moving bus with passengers. The appellant replied to the Commander's question that the gun shots were fired by him. The Commander asked the appellant why he fired the gun shots. There was no reply from the appellant. The Commander then quickly disarmed …