Almost immediately, a police car arrived the scene with the Appellant (3rd accused) on the wheels, he met the cyclists struggling with the Policemen who impounded their motorcycles and two cyclists were able to wrestle their motorcycles from the policemen and escaped, leaving the deceased behind with his motorcycle.

The 2nd accused, a senior officer, was Inspector Akpaette Moses sat at the front passenger seat of the police car.

It was in evidence that the 2nd accused fired some shots to scare the crowd that had gathered and the third shot was aimed at the deceased who was hit on the thigh. He died on his way to the teaching hospital.

The 3 other police men joined their colleague in the car and drove away from the scene of crime.

The trial court after hearing of witnesses and consideration of counsel closing addresses, found the Appellant guilty of the two offences charged; namely conspiracy and murder.

He was accordingly sentenced to 14 years for conspiracy and death by hanging for murder.

Dissatisfied with the conviction and sentence, the Appellant appealed to the Court of Appeal, holden at Cabalar via his Amended Noticed of Appeal contending that the evidence presented by the Respondent was deficient and could not have been strong enough to ground his conviction.