R. Nweke V. The Queen (1955)

LawGlobal Hub Judgment Report – West African Court of Appeal

Official corruption—Section 116 of the Criminal Code—accomplice—a victim.

Facts

This was a trial before the Supreme Court. The trial Judge convicted the appellant, who was a Sergeant of the Nigerian Police Force, on two counts under section 116 of the Criminal Code.

On appeal it was argued that since an arrest was actually made, no offence could be committed under section 116, and secondly that the trial Judge erred in not treating the complainant as an accomplice.

Held

The offence under section 116 was completed when the request for money was
corruptly made and corruptly received. The fact that after the offence was complete the appellant decided to carry out his duty and arrest the complainant is no excuse.

(2) The complainant in this case was rightly treated by the trial Judge as a victim and not a participant in the crime.

Appeal dismissed.