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(2019) JELR 87044 (SC)

Supreme Court  •  SC.622/2014  •  18 Jan 2019  •  Nigeria

IBRAHIM TANKO MUHAMMAD..... Justice, Supreme Court MARY UKAEGO PETER-ODILI..... Justice, Supreme Court KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN..... Justice, Supreme Court AMIRU SANUSI..... Justice, Supreme Court EJEMBI EKO..... Justice, Supreme Court


EJEMBI EKO, J.S.C. (Delivering the Lead Judgment):

At all material times to the charge the Appellant was a Police Constable. On 27th November, 2008, he was posted to the beat at Apogbon Blackspot, Lagos on a "stop and search" operation. A lorry driven by one Dauda Isiaka Akao came to the said Apogbon Blackspot. The Appellant claimed that the said Dauda Isiaka Akao refused to stop the truck at a check-point and that, in order to compel the said Dauda Isiaka Akao to stop his truck for a check, he cocked his riffle, pointing it in the direction of the said driver; and when the driver, Dauda Isiaka Akao, tried to struggle with him to take the riffle, he accidentally touched the trigger. The riffle fired and the bullet hit the driver. Dauda Isiaka Akao, hereinafter called "the deceased", died instantly on the spot. There is no dispute about his death.

The Appellant was on 27th November, 2008, arrested for the unlawful killing of the deceased. He was on 21st September, 2009, arraigned before …

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