CaseLaw
Okpulor V. tate (1990) CLR 12(d) (SC)
Judgement delivered on December 14th 1990
Brief
Facts
TAt about 0200hours on 16th July, 1981, the Tran-Amadi Police Station, Port Harcourt received a report that some armed men had gained entrance into the premises of Universal Fishery Company Ltd. and had locked up some security men there so as to effect a robbery. The Police converged immediately on the premises. The armed men and the police exchanged fire with small arms. When firing died down, the armed robbers had escaped except the appellant, who was injured being hit by bullet in the leg and thus incapacitated. The appellant now firmly in the hands of the police pleaded for his life and promised to cooper¬ate with the police. He showed the police where the vehicle that brought him and his friend whose name he gave as Anthony was parked along Aba road at a fuel station. After he was cautioned, he made a voluntary statement, in which he alleged that one Anthony, whose full name he did not know, came to offer fish to him to buy. Consequently he followed Anthony to Port Harcourt. At Port Harcourt, Anthony parked the vehicle at a petrol station and from there they took a taxi to the scene of crime where they were met by four other men he did not know. He was asked to stay outside while Anthony and — the rest of the gang entered the premises through the back door. All of a sudden the police arrived and exchange of fire started. He was arrested and it was then he was shot-in the leg. Anthony and the others he did not know escaped. He showed the police the car-he travelled in from Aba to Port Har¬court. The appellant maintained 'this story all along.
The court held that the ap¬pellant was a member of the armed robbery gang and convicted and sen¬tenced him. The appellant's appeal to the Court of Appeal against was dismissed.
The appellant further appealed to the Supreme Court.