(2000) JELR 43837 (CA)    

Court of Appeal  ·  CA/I/65/94 ·  8 Mar 2000 ·  Nigeria
Other Citations
Okere v. State (2001) 2 NWLR (Pt.697)397
Okere v. State (2001) 2 NWLR (Pt. 697) 397
ALOMA MARIAM MUKHTAR Justice of The Court of Appeal of Nigeria MORONKEJI OMOTAYO ONALAJA Justice of The Court of Appeal of Nigeria FRANCIS FEDODE TABAI Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
reasonable doubt
public officer
case of the prosecution
criminal code
laws of oyo state of nigeria
accused person
criminal cases
criminal offender
legal opinion
public service of oyo state
record of proceedings
virtue of such employment
above provision
evidence of p.w.1
evidence of pw2
order of the court
senior officer
above cases
above logic
briefs of argument
careful study of the following pieces of evidence
cases of r. v
case submission
circumstance of their role
conflicts of material contradictions
corroboration of evidence
court finds
following cases
given situation
grounds of appeal
high court of oyo state
leading judgment
michelin tyres
mr. olujimi of counsel
nature of corroboration evidence
order of this court
prima facie case
provisions of the criminal procedure ordinary
pw4 accomplices
said information
such corroboration evidence
support of the evidence
totality of evidence

MUKHTAR, J.C.A. (Delivering the Leading Judgment): The charge preferred against the appellant/accused in the High Court of Oyo State holden at Oyo is of three counts. It will be reproduced hereinunder. It reads:-

Count I

Statement of Offence

Extortion by a public officer contrary to and punishable under section 99 of the Criminal Code, Cap 30 Vol. II, Laws of Oyo State of Nigeria, 1978.

Particulars of Offence

M.O. Okere (M) during the month of February, 1988 at Oyo in the Oyo Judicial Division, being employed in the public service of Oyo State, to wit Senior Officer, and being charged with a duty by virtue of such employment to wit the duty of rendering legal opinion to the Police on the advisability of prosecuting a criminal offender or otherwise did in the discharge of the duties of your office accept from Alhaji Jimoh Adedokun fifteen (15) tubers of yam and a gallon of vegetable oil valued at forty-five (N45) naira with a view to advising the Police to prosecute one Kamoru Poopola …

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