A. FATAYI-WILLIAMS, J.S.C. (Delivering the Leading Judgment): On the 27th of March, 1973, at the Chief Magistrate's Court in Lagos State, the Accused, now Appellant, was convicted by Mrs. O. Oguntoye, Chief Magistrate, on a charge containing two counts, one of corruptly receiving the sum of N20 contrary to section 98(1) (a) (ii) of the Criminal Code of Lagos State, and the other of accepting the sum of N20, beyond his proper pay and emoluments, for the performance of his official duties, contrary to section 99 of the said Code.
At the hearing of his appeal against the conviction in the High Court of Lagos State, also sitting in Lagos, the learned Chief Justice of Lagos State who heard the appeal allowed the appeal on the second count on the ground that the charge in that count is in the alternative to the offence charged in the first count. He thereupon quashed the conviction on the second count. He, however, dismissed the appeal against the conviction on the first count.
At the heari…