ADESUJO AKINKUNMI & ORS. V. THE STATE

ESO, JSC (Presiding and Delivering the Leading Judgment): The facts of this case are well stated in the judgment of Onu JCA, who delivered the unanimous judgment of the Court of Appeal. On 17th February 1981, the appellants travelled in a Mini Bus Regd. No. OD 1625 F from Iragbiji towards Ilesha. They were stopped at a police road block in a place known as Oke Ayepe Police Road Block on the Oshogbo- Ilesha Road and accosted by the Police. The policemen at the post included Inspector Jacob Adeyemi Olufemi, who gave evidence as 2nd prosecution witness, and the deceased. As a result of a search, conducted by the deceased, it was discovered that the vehicle contained a stolen goat. Meanwhile, the engine of the bus was kept running. 2nd appellant was at the wheel, but he was not the actual driver of the bus. The deceased was still in the vehicle when 2nd appellant pressed the accelerator and sped off. The deceased shouted words to the effect that he should be allowed to come down from the …