REX
V.
WALTER OKO MINIMAH

 KINGDON, C.J., CARRY AND BROOKE .JJ. In this case the Appellant was charge in the High Court of the Calabar-Aba Division with Extortion by a public officer, contra. sec, 99 of the Criminal Code. That section reads as follows :- “99. Any person who, being employed in the public service, takes or accepts from any person, for the performance of his duty as such officer, any reward beyond his proper pay and emoluments, or any promise of such reward, is guilty of a felony, and is liable to imprisonment for three years.”

The particular given were as follows :- “Walter Oko Minimah being the clerk of the Native Court at Agafor- Andoni during the period from February to May 1939 in Agafor-Andoni in the Province of Calabar did take or accept the sum of £4 from Chief Benjamin Nairem and others for the performance of his duties as Clerk of the Native Court the said sum being beyond his proper pay and for emoluments.”

The particular duty which he was to perform was not specified, nor does it clearl…