UDO AKPAN V. THE STATE

OPUTA, J.S.C. (Delivering The Leading Judgment): The appellant was in the court of first instance charged with two offences namely:

1. Conspiracy to commit a felony punishable under Section 516 of the Criminal Code.

2. Robbery punishable under Section 402(2)(a) of the Criminal Code (Amendment No.1) Law of 1980.

The prosecution called a total of six prosecution witnesses. The key prosecution witness was Marcus Imahe called as PW1. He was on 29/5/80 the driver of the Peugeot taxi cab No. LA.977SB. He was driving along Oshodi Mile 2 Express Road. On getting to Ijeshatedo Bus Stop at about 12.15 a.m. he was stopped by a man wearing mobile police uniform. This man demanded from him his particulars. These the PW1 surrendered. The policeman then demanded some money from PW1 who said he had only N5 on him. Apparently annoyed at the meagre sum of N5 the policeman cocked his gun, forced PW1 into the taxi. At this stage another police officer appeared. Both entered the taxi and asked PW1 to dr…