point in issue and there is one witness whose evidence would settle it one way or the other, that witness ought to be called" per Achike JSC in Oduneye vs. The State (2001) LPELR - 2245. I dare say that this case was not properly investigated and prosecuted. For this and the more comprehensive reasoning and conclusion in the lead judgment I also allow this appeal. I abide by all the consequential orders in the lead judgment. JOSEPH SHAGBAOR IKYEGH. J.C.A.:I agree with the comprehensive judgment written by my learned brother, Chinwe Eugenia lyizoba, J.C.A., which I had the honour of reading in print. Counsel OBI OKWUSOGU SAN with M. O. SOWALE ESQ. and P. E. SODJE ESQ. for the APPELLANT O. IWUCHUKWU (MRS) ASSISTANT DIRECTOR LEGAL SERVICES for NDLEA for the RESPONDENT.