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AKINYEDE OLAIYA v. THE STATE

(2017) JELR 37311 (SC)

Supreme Court  •  SC.562/2014  •  8 Dec 2017  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD JSC; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC; JOHN INYANG OKORO JSC; AMIRU SANUSI JSC; EJEMBI EKO JSC;

Judgement

EJEMBI EKO, JSC (DELIVERING THE LEADING  JUDGMENT): On 23rd March, 2011, in the morning, violent fracas broke out between the members of the Peoples Democratic Party (PDP) and the Action Congress of Nigeria (ACN) at Kota Junction, Omuo Ekiti, in Ekiti State. The fracas was occasioned by accusation and counter-accusation of the tearing of posters of the two rival political parties by their respective supporters.

A police team, comprising seven policemen including the appellant herein and one Cp1. Ameh Richard, was sent to the Kota Junction to restore peace and order. The Divisional Police Officer (DPO) led the team. He had a pistol. The appellant and Cpl. Ameh Richard, respectively the 2nd and 1st Accused at the trial Court, each had an AK 47 riffle officially assigned from the office.

The mobsters at the scene of the crime were allegedly dangerously armed with guns, cutlasses, bottles etc. The DPO fired shots into the air to draw attention of the mobsters and warn the volatile crowd. Th…

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