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FRIDAY ONYEKWERE v. The State

(1973) JELR 33882 (SC)

Supreme Court  •  SC.216/1970  •  2 May 1973  •  Nigeria

Coram
TASLIM OLAWALE ELIAS JSC; ATANDA FATAYI-WILLIAMS JSC; DAN IBEKWE JSC;

Judgement

T. O. ELIAS, C.J.N. (Delivering the Leading Judgment): In Suit AB/10/C/65 in the High Court, Abakaliki on 7th April, 1967 Alagoa, J., convicted the accused, Friday Onyekwere, a police constable attached to the Abakaliki Police Station investigation branch, of official corruption contrary to section 98(a) and 116(a) of the Criminal Code and demanding with menaces, contrary to section 406 of the same Code. The charges laid against the accused were described by the learned trial judge as follows:

"On the first count he is charged with obtaining a sum of 8(pounds) from one Peter Ekpunobi in order that he might refrain from prosecuting him for assault alleged committed. On the 2nd count with demanding some money from the said Peter Ekpunobi and with threats of injury or detriment if the said demand was not complied with. On the 3rd count with demanding the sum of 3(pounds) from Oliver Ajagu with menaces, on the 4th count with corruptly asking James Okonkwo for 3(pounds) in order to allow h…

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