(1976) JELR 46251 (SC)    

Supreme Court  ·  SC.349/75 ·  8 Oct 1976 ·  Nigeria
Other Citations
NWANCHI v. THE STATE (1976) 9-10 S.C. (REPRINT) 66
GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria
Core Terms Beta
learned trial judge
dzungwe ashwe
atimbi agire
clement nwanchi
commissioner of police
gratification of n6.00
official act
benue-plateau state judicial division
ghande adom
nigeria police force
public servant
unlawful demand
evidence of p.w.3
learned counsel
month of may
said dzungwe ashwe
24th day of june
31st day of may
actual crime
area court
arrest of p.w.6
brief summary of the facts
case of r. ezechi v
charge of stealing
compound of p.w.3
count charge of corruption
following day
following persons
following words
gratification of n20.00
high court
particular occasion
police constable
police officers
present case
p.w.3 8pounds
p.w.5 7pounds
reasonable doubt
said ghande adom
second charge
special circumstances
story of his demand
such cases

A. O. OBASEKI, Ag. J.S.C. (Delivering the Leading Judgment): We dismissed this appeal on the 24th day of June, 1976, without calling on the respondent's counsel to reply to the submissions made to us by the learned counsel for the appellant and we now give our reasons.

The appellant was tried and convicted on Counts 1 and 2 of a three count charge of corruption by Adewuyi, J. sitting at Makurdi in the High Court of the Benue-Plateau State Judicial Division on the 31st day of May, 1975 and sentenced to a term of two years imprisonment on each count, sentences being ordered to run concurrently. More particularly the charges preferred read:

"(1) That sometime in the month of May 1972 at Igbor within the Benue-Plateau State Judicial Division, you Clement Nwanchi, being a public servant in the Nigeria Police Force, directly accepted from one Dzungwe Ashwe for yourself gratification of N6.00 other than lawful remuneration as a motive for forebearing to do an official act to wit, prosecute t…

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