S.M.B ALOMASOJO VS NELLY ELSIE IBRU
August 15, 2025ABUDU KEHINDE VS WAHABI IRAWO & ORS
August 15, 2025Legalpedia Citation: (1973) Legalpedia (SC) 21129
In the Supreme Court of Nigeria
Thu Mar 29, 1973
Suit Number: SC. 347/1972
CORAM
COKER, JUSTICE, SUPREME COURT
BABALAKIN,JUSTICE, SUPREME COURT
IRIKEFE, JUSTICE, SUPREME COURT
PARTIES
DR GABRIEL CHIDUME AZIE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellant, a Public Servant of the East Central State of Nigeria (Senior Medical Officer) demanded a bribe from a patients guardian and threatened to cause injury if the said demand was not complied with.
HELD
The Supreme Court quashed the conviction recorded against the Appellant and set his sentence aside on the grounds that the charge had been laid under a wrong section of the law.
ISSUES
Whether the charge had been laid under a wrong section of the law
RATIONES DECIDENDI
DUTIES OF AN OFFICER IN PUBLIC SERVICE
“an officer in the public service is expected to carry out his duties honestly and impartially, and this he cannot do if he is affected by considerations of benefit to himself or another person” Per G.B.A Coker JSC
CASES CITED
1. Rex v. Ngwu Obuka (1936) 3 WACA 2
2. Biobaku v. Police (1951) 20 NLR 30
STATUTES REFERRED TO
1. The Criminal Code of the East-Central State
