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SOLOMON ADEKUNLE v. THE STATE

(2001) JELR 44226 (CA)

Court of Appeal  •  CA/I/255/2000  •  28 Nov 2001  •  Nigeria

Coram
SUNDAY AKINOLA AKINTAN JCA; FRANCIS FEDODE TABAI JCA; OLUFUNLOLA OYELOLA ADEKEYE JCA;

Judgement

AKINTAN, J.C.A. (Delivering the Leading Judgment): The appellant, Solomon Adekunle was a Police sergeant attached to Odogbolu Police unit. He was on anti-crime patrol duty on 7th February, 1997 along Shagamu/Benin express-way. The patrol team was led by Silvester Okparaji (PW2), an Assistant Superintendent of police. Others in the patrol team, apart from the appellant and the said leader of the team, included one Inspector Ojo, Oyewole Ogunbowale - a police constable, and two soldiers. On arrival at the express-way, the team was divided into two parts by the team leader, Silvester Okparaji. The appellant, Oyewole and a soldier were in a team and that team was stationed along the Benin/Shagamu side of the road. The team leader and the others were on the Shagamu/Benin side of the expressway. The two groups were about 100 metres apart.

A few minutes after the arrival of each of the groups on its side of the express-way the team leader (PW2) said he heard gun shots from the Benin/Sagamu u…

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