Friday Onyekwere V. The State (1973)

LawGlobal-Hub Lead Judgment Report

T. O. ELIAS, C.J.N. 

In Suit AB/10/C/65 in the High Court, Abakaliki on 7th April, 1967 Alagoa, J., convicted the accused, Friday Onyekwere, a police constable attached to the Abakaliki Police Station investigation branch, of official corruption contrary to section 98 (a) and 116 (a) of the Criminal Code and demanding with menaces, contrary to section 406 of the same Code. The charges laid against the accused were described by the learned trial judge as follows:

“On the first count he is charged with obtaining a sum of 8(pounds) from one Peter Ekpunobi in order that he might refrain from prosecuting him for assault alleged committed. On the 2nd count with demanding some money from the said Peter Ekpunobi and with threats of injury or detriment if the said demand was not complied with. On the 3rd count with demanding the sum of 3(pounds) from Oliver Ajagu with menaces, on the 4th count with corruptly asking James Okonkwo for 3(pounds) in order to allow his servants on bail. On the 5th count with corruptly asking Marcus Udebuwa for 3(pounds) in order to allow his servants on bail.”

The facts were briefly as follow:

In September 1964 the accused was detailed to investigate a case of an alleged assault on a dumb man whose money was also taken away from him. The accused went to 36 and 37 Gunning Street were he collected five boys, two of whom were the servants of James Okonkwo (3rd P.W.), two of Marcus Udebuwa (4th P.W.) and one of Edward Ekenedo, and took them to the charge office. On calling later at the charge office to make enquiries about the boys, two of the masters (3rd & 4th P.W.s.) found the accused to be the police constable in charge there, were asked by the accused to pay 1.10s(pounds). for bail for each boy and, being unable to pay on the spot, were followed home where the accused threatened to take the boys back to the cell if his demand was not met.

Both masters offered 10s each to the accused who threw the money away as being too small. He suggested that all concerned should make a contribution and left. He thereafter invited Edward Ekenedo to his house at 12 Awolowo Street where he told his invitee that the case against his servant was very serious and that he should bring the money collected, so that he might see his superior officers to drop the case. On his return to his store at 22 Gunning Street, Ekenedo met the other two masters and told them what the accused had suggested, and they too told him that the accused had turned down the 10s which they had offered him.

All three then agreed to make a contribution of 1(pounds) each, making 3(pounds). Two days later, one Peter Ekpunobi came and inquired if any policeman had been demanding money from them. When this was confirmed, he encouraged them to make the contribution which they had decided to make and come to his house thereafter. It happened that, a little while earlier, the accused had called Ekpunobis house, introduced himself as a police constable, told his guest that a serious charge of assault was awaiting him because he had ordered some boys to beat up a dumb man, and immediately demanded a statement from him. Ekpunobi asked the accused for time to pay, and he was invited to 12 Awolowo Street, at 9 a.m. the next day. After taking a statement from Ekpunobi on that day, the accused asked him to get someone to bail him unless he was prepared to give him something so that the charge against him might be dropped.

Ekpunobi left the accused and, after having discussed with the three masters as we have already described above, he held a meeting of all four of them, together with two others, at his house. A total sum of 5(pounds) out of their contribution of 1(pounds) each was handed to Ekpunobi and Udebuwa both of whom were mandated to meet the Chief Superintendent of Police. Ekpunobi took down the numbers on the pound notes. Edmund Asu (7th P.W.) a police constable and corporal Edifon, were on 23rd September, 1964 detailed to accompany Ekpunobi and Udebuwa to Udebuwa’s store where the accused was expected. Udebuwa was detailed to hand over to the accused the 5(pounds) notes the numbers of which had been carefully recorded.

The accused turned up at about 5.30 p.m. on a bicycle and in uniform, and after entering into a store at 37 Gunning Street, the accused was followed by Ekpunobi. Later, all three of them came out and went into 38 Gunning Street; after a little while, the accused came out and rode off. Udebuwa later explained to the disappointed C.I.D. men that the accused had said that, as he was in uniform, the money should be handed over to Ekpunobi from whose house he would collect it later. In fact, the accused had on entering 38 Gunning Street demanded from and been given 3(pounds) by Oliver Ajagu (2nd P.W.) on the ground that the latter had detailed his boys to beat up a dumb man and had received the 3(pounds) removed from the man. As Ekpunobi entered the store, the accused asked Ajagu to hand “that thing” to Ekpunobi which he did. Both Ekpunobi and Udebuwa had, of course, told the whole story to the C.I.D. men as soon as the accused had left. By another appointment, following upon a note (Ex. A) which the accused had left for him at his house, Ekpunobi after duly informing the C.I.D. men, met the accused at 12 Awolowo Street, where he handed him 8(pounds) which the accused took and put in the waist roll of his loin cloth. As the accused was escorting Ekpunobi out of house, the two C.I.D. men who were taking cover nearby came out. Police constable Asu told the accused that he had received a bribe. What happened then has been thus described by the learned trial judge:

“Accused was dumb-founded for some time. He began to shiver and invited the C.I.D. men into his room. P.C. Asu told accused they wanted nothing except that he should produce the money he received. After a few minutes accused loosened his loin cloth and brought the 8(pounds). He was then arrested and he was allowed to make his statement.”

It is important to record at this stage that, during the preliminary investigation before the magistrate, eight other one pound notes had been substituted for the 8(pounds) notes the numbers of which had previously been recorded.

The case for the accused is a complete denial that he made any demands from any of the prosecution witnesses. He said that on 20th September, 1964 he went to Gunning Street to investigate a case of assault on a dumb man and invited some boys to the police station; that, after taking their statements, they were released on bail to their masters who brought the boys back on the following day; that, on discovering that he had mistakenly invited some wrong persons, he asked the masters to bring the boys back on 22nd September; that after he and the boys’ masters had had an argument, he told them that he had been in Abakaliki for only two weeks; and that, after the Divisional Police Officer had interview the boys, they were charged to appear in court. He said further that he had visited Ekpunobi who, he was informed, could help the prosecution case; that, as Ekpunobi did not find it convenient to make a statement on the spot, he invited him home and took his statement the next day; that his later meeting with Ekpunobi at 3 p.m. was in order to find out the whereabout of an Hausa man, but that he left a note (Ex. A) for Ekpunobi telling him that he the accused had since found the Hausa man and that Ekpunobi should not worry about it any more. He denied going to Gunning Street at 5.30 p.m. on 23rd September, 1964 saying that he was then on duty. He eventually asked Ekpunobi to call at his house at 1 p.m. on 24th September and Ekpunobi told him that he had discovered that he was related to the persons arrested and would not give evidence, and suggested that the case be dropped. The accused then told Ekpunobi that he could speak to his superior officers. He testified further that, after Ekpunobi left, he found a bundle of one pound notes on the chair on which he sat, called him back but he would not heed his call. The two men accosted him and charged him with having received a bribe from Ekpunobi. He then laughed and invited them into the house where he explained to them how he had found the money. The two men then took a statement from him.

Before the learned trial judge, counsel for the accused urged the court to find that Ekpunobi acted with malice and was out to destroy an innocent person, and also to find that the 8(pounds) was planted on the accused.

As regards this point the learned trial judge observed: