PATRICK IKEMSON & ORS. V. THE STATE

BELGORE, JSC (Delivering the Leading Judgment): On the 9th of December, 1982, one Emmanuel Abaraoha, a cashier with the National Trucks Manufacturers Ltd., Kano, was returning to the company's factory from various banks where he collected the total sum of N10.507.00 on behalf of the company. He was sitting at the back seat of a car, of FIAT make driven by Sani Abdullahi. Emmanuel Abaraoha and Sani Abaullahi were the P.W.1 and P.W.2 respectively at the trial Court. The vehicle was negotiating a ramp just at the junction to the factory, when the first accused ordered the vehicle to stop and drew out a gun. In no time he shot at P.W.1 injuring him at the back of the shoulder. In the meantime, the P. W.2 was also attacked and shot at both thighs; the shooting could be by first appellant or by the second accused at the trial, Samuel Nwogu (alias G.O.C.) who was discharged at the Court of Appeal. By the time Patrick Ikemson (1st appellant) accosted the P.W.1, the path of the car had been bl…