NWANCHI
V.
THE STATE

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…