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BELGORE, J.S.C. (Delivering the Leading Judgment): On the 4th day of October, 1990, I dismissed this appeal and reserved my reasons for so doing to today. I now give my reasons.
The facts of the case are hardly in dispute. At about 0200 hours on 16th July, 1981, the Trans-Amadi Police Station, Port Harcourt received a report that some armed men had gained entrance into the premises of Universal Fishery Company Ltd. and had locked up some security men there so as to effect a robbery. The police converged immediately on the premises. The armed men and the police exchanged fire with small arms. When firing died down, the armed robbers had escaped except the appellant, who was injured being hit by bullet in the leg and thus incapacitated. The appellant now firmly in the hands of the police pleaded for his life and promised to cooperate with the police. He showed the police where the vehicle that brought him and his friend whose name he gave as Anthony was parked along Aba road at a fuel sā¦