The facts are that, on the 17/2/2001 the Appellant and the two other accused were serving policemen in the PMP 37 Mobile Squadron of the Nigeria Police Lokoja, Kogi State. They stopped a commercial passenger vehicle with Registration No. OSUN XB 104 at Okene. The vehicle had earlier on took off from Oshogbo through to Akure to Okene and had 10 passengers including P.W.4 and P.W.5. The Appellant and his partners arrested the vehicle, searched the passengers and saw that some of the passengers had a lot of money on them. The Appellant and the other policemen drove the vehicle on the Okene to Lokoja Federal highway and stopped at a secluded spot where they robbed the passengers of their money at gun point. The total amount robbed was N400,000.00. In the process of the robbery one of the passengers Mamodu Abdullahi Ajawu was shot dead by one of the policemen. The vehicle was set ablaze and as a consequence the driver whose identity remained unknown, Rafiu, John Ogara, Thomas Ona Alfa and Sarafa Isiyaka, were burnt to death. P.W.4 and P.W.5 survived the ordeal by escaping. The only issue in controversy between the Appellant and the other policemen was who among them shot and killed the passenger who died of gun shot wounds and the other passengers who were burnt to death. Each accused including the Appellant blamed one another. As mentioned above all the accused including the Appellant were at the end of the trial found guilty as charged and sentenced. The Appellant and one other unsuccessfully appealed to the Court of Appeal.

The appeal by the Appellant is confined to the affirmation of the conviction of the Appellant by the Court of Appeal on the offences of culpable homicide and mischief by fire. The Appellant did not appeal against his conviction on armed robbery and criminal conspiracy.