Before Their Lordships
At the hearing of the appeal on the 19th of January, 2012 learned counsel for the appellant Chief F.F. Egele adopted his brief filed on the 5th of December, 2011 and urged this court to allow the appeal and set aside the judgment of the Court of Appeal. Both counsel for the 1st and 2nd respondents, T.T. Tawo esq and U.N. Agomoh esq urged this court to dismiss the appeal and affirm the decision of the Court of Appeal.
The facts are these. PW3 is Danjuma Likita, police officer N0.166408, while PW4 is Jibrin Usman, police man No -208201. Both of them were attached to the Independent Corrupt Practices Commission (ICPC) as Police escort for the commissions Chairman. On the 12th of March, 2005 both of them and some other Police officers in the escort team for the chairman of the ICPC left Abuja in an escort car to Ilorin to lead the ICPC chairman to Abuja. A few kilometers to Mokwa, a man emerged from the bush and started firing at the escort car. They returned fire. The escort leader Sgt. Yakubu Makama was shot in the head. The firing was intense and so the driver of the escort vehicle made a U-turn and proceeded to a nearby village where they made a report of-the shooting at a Police Post. Thereafter they drove off to Bida Hospital but on arrival, the leader of the escort team, Sgt Yakubu Makama had died. On the 28th of March, 2005, well over two weeks after the events of the 12th of March, 2005, and according to PW1 and PW2 the respondents (accused persons) where brought to them from commands such as Kaduna, Niger, Plateau and Benue State for the Purpose of recording their statements. (they were held in these Commands as Robbery suspects). There is nothing on the Record of Appeal to show how or who arrested the appellants.
