CaseLaw
Akindipe V. State (2012) CLR 6(i) (SC)
Judgement delivered on June 15th 2012
Brief
Facts
The appellant was a Military Officer attached to the Special Investigation Unit of the Nigerian Army in Ibadan. On the 26th of April, 1977 the 1st and 3rd Prosecution Witnesses and another man were sent by the Army authorities, their employers, to withdraw certain sum of money from the Bank at Ibadan. Upon their return, the three persons reported that out of the money withdrawn from the Bank, the sum of N9,000 had been snatched from them. The case was reported to the Police for Investigation.
On 17th May, 1977, the Military Authorities sent the appellant to arrest the three people in their offices for an investigation to be carried out by the Military Police. The arrest was effected by the Appellant in company of the 2nd accused person who identified PW1 to the appellant. PW1 and PW3 were asked to make statements at the office of the Military Police and were later led to the scene of the alleged crime by the appellant for further investigation. As they left the scene, the Appellant told them that they were going to be detained indefinitely in Military Police Cells under inhuman conditions.
PW1 and PW3 begged the Appellant who told them that unless they could produce the sum of N2,000.00 (Two Thousand Naira) as bribe he would not release them on bail. PW1 and PW3 were locked up for four days until they were released by the Appellant on "Open Bail" after they promised to pay the bribe. Upon their release, PW1 and PW3 reported the case to the Police who gave them marked money. Thereafter, PW1 went with the marked money which was treated with anthracite powder provided by the Police to give the Appellant as bribe. PW1 took the money to the agreed venue and met the Appellant, after the exchange, the Policemen came into the room and arrested them.
After conclusion of investigation, the Appellant and two others were arraigned and tried at the High Court. At the end of the Prosecution's case, the Defence Counsel made a no-case submission which the trial court upheld in favour of the 3rd Accused Person who was consequently discharged and acquitted on all four counts while the Appellant and the 2nd Accused were also discharged and acquitted on Counts 2 and 4. The Court however held that the Appellant and the 2nd Accused had a case to answer in respect of Counts 1 and 3 hence they were called upon to enter their defence. The appellant gave evidence in his own defence and also called one witness. At the conclusion of trial, the court convicted the appellant on Counts 1 and 3 and sentenced him to 1 year imprisonment on each of the two counts. The 2nd Accused person was discharged and acquitted on the two counts. The Court of Appeal affirmed the decision of the trial court.
Aggrieved by the decision, the Appellant further appealed to the Supreme Court.