MGBEMENE & ORS V. I.G.P.

• Pages: 258-262

258

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NIGERIAN SUPREME COURT CASES

[1963] N.S.C.C.

MGBEMENE & ORS V. I.G.P.

1.

GOLDEN MGBEMENE

2.

OKWARA EMOLE

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APPELLANTS

3.

AGU OKOROJI

V

INSPECTOR-GENERAL OF POLICE

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RESPONDENT

SUIT NO. FSC 444/1962

SUPREME COURT OF NIGERIA

ADEMOLA.

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C.J.N.

TAYLOR,

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J.S.C.

BAIRAMIAN,

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J.S.C.

1st November, 1963.

Criminal Law - Corruption charge under the said s.43( of the Eastern Region

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Local Government Law, No. 17 of 1960 - Wording.

Statutes - Interpretation of words and tenses of verbs by reference to various

sections

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Words and Phrases - 'Bribe' - 'Reward'- for doing' in the said s.43(1).

ISSUES:

1.

Whether a charge of official corruption under s.43(1) of the Eastern Region

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Local Government Law must relate to an act already done and not to one yet

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30

to be done.

2.

Whether failure to sufficiently describe a defendant's duties and the omission

of the word 'corruptly" would render a charge under s.43(1) so defective as to

warrant an acquittal.

3.

Whether the word 'bribe' as used in Section 43(1) refers to a reward for an act

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to be done or already done.

FACTS:

The charge against the defendants alleged that they "being members of the Port

Harcourt Municipal Council, did accept

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a bribe of £60 from

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that their

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conservancy contracts may not be terminated which favour you are to show in

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exercise of your function as Councillors

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" contra s.43 of the Eastern Re-

gion Local Go\ ernment Law 1960. The trial Magistrate found against them on the

facts, but acqLitted them on the ground (a) that the section related to a gift for

something already done and not for something to be done afterwards (b) mat the

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charge was defective because it did not describe the defendants' duties, and (c)

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45

that it was bad because it omitted the word 'corruptly' which occurred in the sec-

tion. The High Court reversed the decision, and on appeal against the reversal

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HELD:

1.

In section z3(1) of the Eastern Region Local Government Law, the meaning of

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the verbal term

"doing"

is, for the sake of a future act or forbearance, favour or

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disfavour.

2.

The charge sufficiently describes the defendants' duties in view of Items 33 to

45 of s.84 of that Law, and is not had in law if the word "Corruptly" is omitted

from the charge, for the word bribe means corruption.

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