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LUKE ECHEAZU V. COMMISSIONER OF POLICE

(1974) JELR 48800 (SC)

Supreme Court  •  SC.240/72  •  22 Feb 1974  •  Nigeria

Coram
GEORGE BAPTIST AYODOLA COKER JSC; AYO GABRIEL IRIKEFE JSC; UDO UDOMA JSC;

Appearances
Chief F.R.A. Williams For Appellant Mr. A.O. Ejiwunmi, Deputy Director of Public Prosecution Lagos State For Respondent

Judgement
<p><strong>IRIKEFE, J.S.C. (Delivering the Leading Judgment):</strong> Before the Chief Magistrate, Lagos, the appellant was tried on a charge of four counts, only two of which are material for the purpose of this appeal. These read as follows:</p><p> 3rd Count: That you Charles Luke Ngene Echeazu (m) on or about the 23rd day of January, 1971 at Lagos in the Lagos Magisterial District, with intent to steal money demanded the sum of ₦37,000 from Robert Eweka (m) a nephew of Adeyemi Eweka, a Director of Continental Motors and Engineering Company Limited with threats of detriment to be caused to the said Adeyemi Eweka, to wit that you, as a Principal Collector of Customs would assess the import duty and surcharge payable on the 36 ambulances imported by the said company at ₦311,000 and that you would not authorise the release of the said 36 ambulances if the demand was not complied with and thereby committed an offence punishable under section 406 of the Criminal Code.</p><p> 4th Count: That you Luke Charles Ngene Echeaz…</p>

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