ADAMU, JCA (Delivering the Lead Judgment): The appellant (the State) is appealing against the judgment of Borno State High Court, Maiduguri, sitting in its appellate jurisdiction which was delivered on 21/7/95. The trial court, the Chief Magistrate’s Court No.2, Maiduguri had on 5/6/95 convicted the respondent and sentenced him to 3 years imprisonment in addition to a fine of N500.00 or 6 months imprisonment in default. The respondent was aggrieved by the decisions of the trial Magistrates’ Court and he appealed against it to the High Court. The High Court on hearing the appeal reversed the decision of the trial Magistrate and consequently discharged and acquitted the respondent. The State, who was the respondent at the High Court, was dissatisfied with the judgment of the said appellate High Court and appealed against it in this Court in the present appeal.
The respondent was convicted by the trial court and sentenced under section 168 of the Penal Code for the offence of taking gra…