N.o. Okere V. The State(2000)

LawGlobal-Hub Lead Judgment Report

MUKHTAR, J.C.A. 

The charge preferred against the appellant/accused in the High Court of Oyo State holden at Oyo is of three counts. It will be reproduced hereinunder. It reads:-

Count I

Statement of Offence

Extortion by a public officer contrary to and punishable under section 99 of the Criminal Code, Cap 30 Vol. II, Laws of Oyo State of Nigeria, 1978.

Particulars of Offence

M.O. Okere (M) during the month of February, 1988 at Oyo in the Oyo Judicial Division, being employed in the public service of Oyo State, to wit Senior Officer, and being charged with a duty by virtue of such employment to wit the duty of rendering legal opinion to the Police on the advisability of prosecuting a criminal offender or otherwise did in the discharge of the duties of your office accept from Alhaji Jimoh Adedokun fifteen (15) tubers of yam and a gallon of vegetable oil valued at forty-five (N45) naira with a view to advising the Police to prosecute one Kamoru Poopola for an offence of causing death by dangerous driving, a reward beyond your proper pay and emolument.

Count II

Statement of Offence

Extortion by a public officer contrary to and punishable under section 99 the Criminal Code, Cap. 30 Vol. II, Laws of Oyo State of Nigeria, 1978.

Particulars of Offence

M.O. Okere(M) on or about the 6th day of February, 1988 at Ibadan, in the Ibadan Judicial Division, being a person employed in the public service of Oyo State, to wit Senior Officer, and being charged with a duty by virtue of such employment to with the duty of rendering legal opinion to the police on the advisability of prosecuting a criminal offender otherwise did in the discharge of the duties of your office accept from Alhaji Jimoh Adedokun two (2) Michelin Tyres valued at four hundred naira (400.00) with a view to advising the police to prosecute one Kamoru Popoola for an offence of causing the death by dangerous driving beyond your proper pay and emolument.

Count III

Statement of Offence