Francis Azubogu V. Commissioner Of Police (1948)

LawGlobal Hub Judgment Report – West African Court of Appeal

Criminal Law—Public Servants demanding property, etc.—Nigeria CriminalCode, section 404 (1) (a)—” Under colour of employment “—Alternative charges for ” demanding ” and ” taking “.

Facts

The appellant, a railway goods clerk, demanded and received money for himself for agreeing to accept goods for transport by the railway.
He was charged with demanding, and, alternatively, with taking the money.

Held

Brown, J., declining, to sign the judgment:

(i) that the appellant received the money ” under colour of his employment “;

(u) that where there are alternative charges, the latter being for an offence additional to or in aggravation of that alleged in the former, it is competent for the trial court to convict on the latter without acquitting on the former;

(iii) that, to constitute an offence under section 404 (1) (a) of the Nigeria Criminal Code, there must be something in the nature of force or a threat of some kind.

Appeal dismissed.