Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



NWANKWOALA
V.
FRN

(2018) JELR 39083 (SC)    

Supreme Court  ·  SC.783/2015 ·  23 Feb 2018 ·  Nigeria
CORAM
OLABODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria CLARA BATA OGUNBIYI Justice of The Supreme Court of Nigeria EJEMBI EKO Justice of The Supreme Court of Nigeria SIDI DAUDA BAGE Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
corrupt practices
icpc act
related offences act
accused person
reasonable doubt
national assembly
favourable report
pw3
elder alexander okiye
court of appeal
valid law
learned trial judge
police officer
laws of the federation of nigeria
lead judgment
learned justices of the court
national assembly of the federal republic of nigeria
benin division
conviction of the appellant
edo state
evidence of the prosecution witnesses
judgment of the trial court
nigeria police force
particulars of offence
testimony of pw1
charge of the homicide section
decision of the court of appeal
repealed statute
sentence of the appellant
team members
amended version
benin city edo state
benin city high court
commencement date
corrupt demand
counts charge
court pw1
cross-examination pw2
leading judgment
learned trial judge ikponmwem j
member of the investigating team of pw2
mr. o. ovrawah
occasion calls
phone call
said elder alexander okiye
sentence of the lower court
subject matter of the suit
use of the said issues

OLABODE RHODES-VIVOUR, JSC (Delivering the Leading Judgment): This is an appeal from a decision of the Court of Appeal, Benin Division, upholding the conviction of the appellant by a Benin City High Court on three counts under the Corrupt Practices and Other Related Offences Act, 2000.

For clarity, the three counts charge under which the appellant was charged and convicted may be set out as follows:

COUNT 1

CORRUPT DEMAND BY PERSON CONTRARY TO SECTION 10(A)(II) OF THE CORRUPT PRACTICES AND OTHER RELATED OFFENCES ACT 2000.

PARTICULARS OF OFFENCE

That you Temple Nwankwoala (DSP) of the Nigeria Police Force, at Benin City, Edo State on or about 18 of October, 2006, being a Police Officer in charge of the Homicide section attached to the office of the Assistant Inspector General of Police Zone 5, Benin City, did ask or demand for the sum of ₦1,000,000 (One Million Naira) from Elder Alexander Okiye being a person against whom criminal complaints were made on account of the said criminal complai…

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