REX
V.
WALTER OKO MINIMAH

JELR 81115 (WACA)    
West Africa Court of Appeal  ·  West Africa [For WACA cases]
 · 
Other Citations
1940 6 WACA 192-193
CORAM
COR. KINGDON, C.J, CAREY AND BROOKE .JJ.
Core Terms Beta
evidence
case
duty
prosecution
person
point
reward
section
accused person
bail
bail bonds
clerk of the native court
knowledge of the court
performance of that duty
proper pay
subject of a separate charge
agafor-andoni
alleged offence
behalf of the defence
behalf of the prosecution
chief benjamin nairem
close of the prosecution counsel
course of duty
criminal code
different purposes
different times
high court of the calabar-aba division
judge
learned trial
learned trial judge
matter of this nature
much doubt
others
particular duty
particular given
particulars of the offence
part of the appellant
performance of his duties
performance of his duty
province of calabar
public service
regard
said sum
sum
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…

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