Temple Nwankwoala V. Federal Republic Of Nigeria (2018)

LAWGLOBAL HUB Lead Judgment Report

OLABODE RHODES-VIVOUR, J.S.C.

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 N1,000,000 (One Million Naira) from Elder Alexander Okiye being a person against whom criminal complaints were made on account of the said criminal complaints being investigated as an inducement to write, secure, procure and confer a favourable report of Elder

1

Alexander Okiye in respect of the criminal complaints and thereby committed an offence punishable ”under” Section 10(a)(II) of the ICPC Act 2000.

COUNT 2

CORRUPT RECEIPT 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) and an officer in charge of the Homicide Section attached to the office of the Assistant Inspector General of Police Zone 5, Benin City Edo State on or about 6th of November, 2006 did received the sum of N500,000 (Five Hundred Thousand Naira) as gratification from Elder Alexander Okiye against whom criminal complaints were made and being investigated in order to write, secure, procure and confer a favourable report in favour of the suspect, Elder Alexander Okiye in respect of the Criminal complaints made against him, and thereby committed an offence punishable under Section 10(a)(II) of the ICPC Act 2000

COUNT 3