TABAI, JSC (Delivering the Leading Judgment): The appellant, Benjamin Oyakhire, and two others, Jimoh Michael and Gerson Soba, were Police constables attached to the Mobile Unit of Nigeria Police Lokoja in Kogi State. The four-count charge preferred against them was that on or about the 17th of February, 2001 they committed
(i) Culpable Homicide when they caused the death of one Mamodu Abdullahi Ajawu by inflicting gun shot wound on him and the deaths of Rafiu, John Ogara, Thomas Onah and Alfa by setting their vehicle Registration No. Osun XB 104 SGB on fire and burning them to ashes punishable under sections 221 and 79 of Penal Code.
(ii) Armed robbery when armed with their service rifles, they robbed Saka Jimoh, Abdullahi Ajawu, Suleiman Badmus and other passengers in the vehicle punishable under section 298 of the Penal Code.
(iii) Mischief by fire by setting the vehicle Registration No. Osun XB 104 SBG on fire and burning same to ashes punishable under section 336 of the Penal Cod…