Daniel Ojo Ogbebor V. Commissioner Of Police (1950)

LawGlobal Hub Judgment Report – West African Court of Appeal

Person employed in the Public Service charged that he had corruptly ” demanded” and ” taken ” under colour of his employment a certain sum of money contra section 404 (1) (a) of the Criminal Code—Duplicity alleged—Whether duplicity necessarily fatal—Words ” under colour of his employment ” interpreted.

Facts

This was an appeal from the Supreme Court confirming a conviction of a Magistrate’s Court of an offence contra section 404 (1) (a) of the Criminal Code. Both Courts rightly found that the appellant had demanded from a litigant and had been paid money to use his influence with the bench of the native court, of which he was a clerk, to secure that a case should be dismissed. It was no part of the appellant’s status to advise the bench, his sole duties at the hearing of cases being to record the proceedings.

Counsel for the appellant argued that the charge was bad for duplicity and that the acts complained of had not been done by the appellant under colour of his employment.

This Court referred to the case of Commissioner of Police v. Potts Johnson (2), which was subsequently held to have been wrongly decided by the case of Commissioner of Police v. Ganiya Adisa Motayo (1).

Held

There was duplicity, but as it had occasioned no miscarriage of justice it was not fatal.

Held further, that the appellant neither had nor represented himself to have any duty to perform or to refrain from performing by reason of his employmen+ in relation to the demand made by him. He had not, therefore, made the demand under colour of his employment. The conviction was set aside and a verdict of acquittal entered.

Appeal allowed.