Temple Nwankwoala V. Federal Republic Of Nigeria (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HAMMA AKAWU BARKA, J.C.A. (Delivering The Leading Judgment)

This appeal is against the judgment of the Edo State High Court sitting in Benin City, delivered on the 25th of January, 2012 presided over by Hon. Justice E. F. Ikponmen, wherein the appellant was convicted and sentenced to seven years imprisonment with hard labour. The brief facts of the case are as follows:-

The appellant, a Deputy Superintendent of Police, was arraigned before the High Court No. 4 Benin on a two count charge, on the 24th November, 2006 later amended with the leave of court to a three count charge bordering on the violation of the provisions of the Corrupt Practices and Other Related Offences Act, 2000.

The three count charge thus brought against the appellant were:

“COUNT 1

CORRUPT DEMAND BY PERSON CONTRARY TO SECTION 10(A)(II) OF THE CORRUPT PRACTICES AND OTHER RELATED OFFENCES ACT 2000

PARTICUTARS OF ERROR

That You, Temple Nwankwoala, Deputy Superintendent of Police of the Nigeria Police Force, at Benin City, Edo State, on or about the 18th day of October, 2006, being a Police and the 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 and on account of the said criminal complaints being investigated as an inducement to write, secure, procure and counter a favourable report of Elder Alexander Okiye in respect of the criminal complaints and thereby committed an offence punishable under section 10(a)(11) of the ICPC Act, 2000.

COUNT II

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, Deputy Superintendent of Police 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 the 6th day of November, 2006, did receive 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 and offence punishable under Section 10(a)(II) of the ICPC Act, 2000.

COUNT III

FAILURE TO REPORT OFFER OF GRATIFICATION CONTRARY TO SECTION 23(1) OF THE ICPC ACT 2000