In the early hours of the morning of the 14th July, 1981, Livinus Eke called as the 1st P.W. who was riding on his Suzuki motor¬cycle model 125 with registration No. IM 1453 along Faulks Road, Aba. He then saw two persons beside a motorcycle, one was looking beneath it, while the other was standing beside it. Livinus rode close to them thinking they had some trouble with their motor-cycle. On approaching them, they ordered him to stop and to put up his hands. When he obeyed, one of them - the appellant - pointed a gun at him (Livinus) who then dropped his own Suzuki motor-cycle and fled. The appellant fired at him and missed. On looking behind, Livinus Eke discovered that the ap¬pellant and his other partner in crime had collected his motor- cycle and their own motor-cycle and disappeared.

In the evening of the self-same day, 14/7/81, Gilbert Eke (called as 5th P.W.) the son of Livinus Eke (1st P.W.) on his way back from the Ariaria Market saw someone riding his father's motor- cycle, stolen that morning. He followed him ultimately to a beer parlour. Having satisfied himself that the motor-cycle he saw earlier on was his father's missing motor-cycle, Gilbert Eke went home and told his father. Both of them went to the Ariaria police post and reported. Following their report. Sergeant Donatus Esele, Sgt. No. 5168, called as 2nd P.W., Newton Dunu, Sgt. No.29904, called as 3rd P.W. and P.C, No 92503, Ukpabi Ekoh, called as 4th P.W., all proceeded to the beer parlour. On reaching the beer parlour, Gil-bert Eke (5th P.W.) identified his father's motor-cycle to the police officers - and immediately he did that, two men among the crowd drinking in the beer parlour got up from their seats. One ran away, but the other, the appellant, was arrested. The appellant was then taken to the Ariaria police post along with Livinus Eke's missing Suzuki motor-cycle parked in front of the beer parlour. The Suzuki motor-cycle was pushed to the police post. At the Ariaria police post. Sgt. Donatus Esele (2nd P.W.) personally searched the appellant and found, tucked away in his breast pocket, a Suzuki'125 ignition key. Sgt. Newton Dunu, No. 29904 (3rd P.W.) ob¬tained a voluntary statement from the appellant after the usual caution. The state¬ment was tendered as Ex.C. Exhibit C contained this remarkable sentence -

"I did not know how the ignition key of the Suzuki manage and enter my pocket."

This was a summary of the prosecution's case against the appellant.