JOSEPH GYANG V. THE STATE

OPENE, JCA (Delivering the Lead Judgment): The appellant in this case who was the 6th accused and ten others were members of the Nigerian Army stationed at Enugu. On 29/8/97, they all left Enugu to Akwa Ibom State at the invitation of the 3rd accused - Pte Okon Francis for the naming ceremony of his child.

On Saturday, 30/8/97, they all left for Aba and on their way, they commandeered PW2 and his bus and when they got to about one kilometre to Ibiakpan junction in Akwa Ibom State, they saw PW1, Effiong Edet Sampson in a vehicle that had been parked at a point because of the end of the month Environmental Sanitation exercise. The driver of that vehicle had gone to ease himself and when the accused person could not see the driver, the 1st accused punctured the vehicle tyres with a bayonet and he also used it to open the boot of the car. PW1 was then beaten up and forced to enter the vehicle that had been commandeered by the accused persons. They drove towards Uyo and at Utu Ikpe Villag…