M. MOHAMMED, J.S.C.: (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal Jos Division delivered on 9th November, 2004, dismissing the Appellant's appeal against his conviction and sentence by the High Court of Justice Benue State, Makurdi in its judgment of 7th August, 1998. Although from the record of appeal it is shown that there are two appellants in this matter, the contents of the Notice of appeal, the appellant's brief of argument, the respondent's brief of argument, and the appellant's Reply brief, are quite clear that there is only one appellant in this appeal. Reference to him in these Court processes as the "1st appellant" when there is no appeal by the 2nd appellant before this Court, is therefore a misnomer. Sgt. Desmond Ezeja is the only party seeking reliefs in this appeal as the appellant. Therefore in this judgment, I shall continue to refer to him as such.
The appellant was a Police Officer attached to the Rural Police Sta…