EX. PC VINCENT ACHUKU V. THE STATE

OBANDE FESTUS OGBUINYA, JCA (Delivering the Leading Judgment): This appeal grew out from the decision of the High Court of Benue State, presided over by E. Eko, J., as he then was, in charge No. MHC/12C/2006, delivered on 31/05/2007, wherein the appellant was convicted of the offence preferred against him.

The facts of the case, which culminated in this appeal, are brief, but pathetic. On 02/03/2005, the appellant was a team-mate in a team of policemen, from 'B' Department, Operations and Training Makurdi, Benue State, which was on stop and search duty at Savanna Bus Stop, Low Level Roundabout, Wurukum, Makurdi. The team was headed by one Inspector James Iyallo. At about 20.05 hours, at the twilight of that day, the appellant demanded some money from Godwin Ido Anuka, the deceased, who was a driver of a commercial Mitsubishi L.300 bus with registration number XA 344 TAX. The deceased driver pleaded with the appellant to allow him gratify him on his return trip. The appellant was unple…