BELLO, J.S.C. (Delivering the Leading Judgment): The Appellant was a vehicle inspection officer. The case resulting in this appeal arose from the purported discharge of the duties of his office under the Road Traffic Regulations 1971 of the Mid-Western State (hereinafter referred to as the Regulations), namely, to test applicants for driving licences and to issue certificates to such applicants who have passed the test. The Appellant, his clerk and his messenger were suspected of having conspired together for the purpose of receiving gratification to issue such certificates to applicants who have not taken and passed the test and consequently were jointly tried in the Magistrate's Court, sitting at Agbor, on several charges arising therefrom.
The trial Magistrate convicted all three accused persons on the 1st count of conspiracy to commit a felony contrary to Section 443 of the Criminal Code of Western Nigeria applicable in the State. He also convicted the Appellant and his clerk on t…