ONU, JSC (Delivering the Leading Judgment): The appellant, Samuel Theophilus, formerly a police driver attached to the Force Headquarters, the Nigeria Police, Lagos was arraigned before A.O. Silva, J. sitting at the High Court of Lagos State holden at the Lagos Judicial Division on a one-count information for the murder of one Hassan Ali on the 13th day of December, 1983 contrary to Section 319(1) of the Criminal Code, Cap. 31, Laws of Lagos State, 1973.
The facts of the case which appear not to be in dispute are that on 13th December, 1983 the appellant who was a Sergeant in the Nigeria Police Force and employed as a driver attached to the Force Headquarters, Nigeria Police Force, Moloney, Lagos went to Ajeniya Street, Obalende, Lagos in company of his friend, one Sergeant Isa Makurdi to drink beer at a beer parlour. As the appellant and his friend sat down and were drinking, three persons came and went to where Hassan Ali, the deceased was sitting and engaged in a quarrel with him o…