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ADEGBOYE IBIKUNLE v. THE STATE

(2004) JELR 44970 (CA)

Court of Appeal  •  CA/B/139/2002  •  7 Apr 2004  •  Nigeria

Coram
RABIU DANLAMI MUHAMMAD JCA; MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JCA; NWALI SYLVESTER NGWUTA JCA;

Judgement

MUNTAKA-COOMASSIE, J.C.A. (Delivering the Leading Judgment): The appellant herein, as an accused person before the High Court, Asaba Delta State, was charged on an information containing one count with the offence of murder, facts of which were that the appellant was a Police Sergeant attached to the Marine Division Nigeria Police, Asaba, Delta State. That on 21/5/2001, the appellant was one of the Police Officers who were on operations against armed robbers terrorizing Asaba Township. This is because earlier on, the appellant brought an information to the Divisional Police Officer B Division, to the effect that some notorious Armed Robbers, including one Nonso were present in town. PW10, acting on the said information swings into action and led three other Policemen, PW4, PW5 and the appellant. After arresting ten suspected armed robbers in two Hotels, the same PW10 led some other Policemen including the appellant to No. 12B Onishe Street, Cable Point, Asaba in search of Nonso, a not…

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