TEMPLE NWANKWOALA V. FEDERAL REPUBLIC OF NIGERIA

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 Beni…