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BEN OKAFOR V. COMMISSIONER OF POLICE

(1964) JELR 87110 (SC)

Supreme Court  •  S.C 230/64  •  8 Oct 1964  •  Nigeria

Coram
BAIRAMIAN, COKER & IDIGBE, JJ.S.C.

Judgement

BAIRAMIAN, J.S.C.: In the night of the 11th December, 1962, about 10 p.m., one Famuyiwa and one Shehu were travelling in a Kitcar driven by one John Okunneye from Dangora to Yako, in which Famuyiwa was taking E15,000 locked up in a steel tank. Along the road, and in the Middle of it, they met another kitcar with its bonnet up and some men looking at the engine, and they had to stop. Then those men came up, made them leave their own kitcar, and tied them up after which those men opened the steel tank and took the money, and went away.

The Police suspected a number of persons, among them the present appellant; they had identification parades, and he was one of those identified on the 14th. Here it may be noted that Famuyiwa had known the appellant and had seen him in John Holts’ premises in the morning of the 11th, but did not mention him to the Police; also that Shehu had not known the appellant before. The way he came to be arrested was accidental. A chief and some constables were goin…

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