Dr Gabriel Chidume Azie v. The State (1973)

LawGlobal-Hub Lead Judgment Report

G. B. A. COKER, J.S.C. 

The appellant was charged and tried on an information containing four counts as follows:

STATEMENT OF OFFENCE-1ST COUNT

OFFICIAL CORRUPTION, Contrary to section 98(a) of the Criminal Code.

PARTICULARS OF OFFENCE

Gabriel Chidume Azie, on or about the 24th day of May, 1972 at Owerri in the Owerri Judicial Division, being a person employed in the public service of the East Central State of Nigeria, to wit, Senior Medical Officer, and being charged with the performance of a duty, to wit, giving medical treatment to patients who attend the General Hospital, Owerri, for Medical treatment, by virtue of such employment, not being a duty touching the administration of justice, corruptly asked for the sum of 10 pounds from Christian Ekeocha for yourself in order to give medical treatment to one John Igwe in the discharge of the duties of your office.

STATEMENT OF OFFENCE-2ND COUNT

OFFICIAL CORRUPTION, Contrary to section 98 (a) of the Criminal Code.

Particulars of Offence

Gabriel Chidume Azie, on or about the 25th day of May, 1972 at Owerri in the Owerri Judicial Division, being a person employed in the Public Service of the East Central State of Nigeria, to wit, Senior Medical Officer, and being charged with the performance of a duty, to wit, giving medical treatment to patients who attend the General Hospital, Owerri, for medical treatment, by virtue of such employment, not being a duty touching the administration of justice, corruptly asked for the sum of 10 pounds from Christian Ekeocha for yourself in order to give medical treatment to one John Igwe in the discharge of the duties of your office.

STATEMENT OF OFFENCE-3RD COUNT

EXTORTION BY PUBLIC OFFICERS. Contrary to section 99 of the Criminal Code.

Particulars of Offence

Gabriel Chidume Azie, on or about the 25th day of May, 1972 at Owerri in the Owerri Judicial Division, being a person employed in the Public Service of the East Central State of Nigeria, to wit, Senior Medical Officer, and being charged with the performance of a duty, to wit, giving medical treatment to patients who attend the General Hospital, Owerri, for medical treatment, accepted from Christian Ekeocha for the performance of your duty as such officer the sum of ‘a310, a sum beyond your proper pay and emoluments.