Section 18(1) of the Interpretation Act of 1964 further defines, "Public Officer" to mean a Member of the Public Service of the Federation within the meaning of the Constitution of the Federal Republic of Nigeria or of the Public Service of a State. A Public Officer, is an Officer who discharges any duty in the discharge of which the Public are interested, more clearly so, if he is paid out of a Fund provided by the Public. See the Cases of R VS BEMBRIDGE (1783) 3 DOUG KB 32 AND R VS WHITAKER (1914) KB 1283. Section 10 of the Penal Code Act, which is the Definition Section, on its own part, lists out Several Categories of Public Servants, but of particular interest, is Section 10(a) thereto, which states: “Every Person appointed by the Government or the Government of the Federation or of a Region while serving in Northern Nigeria or by any Native, Provincial, Municipal or other Local Authority and every Person serving in Northern Nigeria appointed by a Servant or Agent of any such Government or Authority for the performance of Public Duties whether with or without remuneration or for the performance of a Specific Public Duty, while performing that duty”, is a Public Servant. Section 10(b) states that: “Every Person not coming within the Description set forth in Paragraph (a) who is in the Service of the Government or of any Native, Provincial, Municipal or Local Authority in a Judicial or Quasi-Judicial, Executive, Administrative or Clerical Capacity;” In the Case of WILSON VS A.G. OF BENDEL STATE (1985) NWLR PART 4 PAGE 572, His Lordship OPUTA, J.S.C.at PAGE 64 PARAS B-D held that, "The expression "Public Officer" has been defined in Section 7(1) of the Public Officers (Special Provisions) Decree now Act No. 10 of 1976, as: "Public Officer means any Person who holds or has held any Office in: (b) The Public Service of a State; or (c) The Service of a Body whether Corporate or Unincorporated established under a Federal or State Law;" In STROUD’S JUDICIAL DICTIONARY OF WORDS AND PHRASES 7TH EDITION AT VOL. 3 PAGE 2209, a Public Officer was further defined as “Every one who is appointed to discharge a Public Duty and receives a compensation in whatever shape, and is one who discharges any Duty in the discharge of which the Public are interested, more clearly so, if he is paid out of a Fund provided by the Public.” See the case of R VS WHITAKER (SUPRA) PAGE 1283. In the case of HENLY VS LYME 5 BING PAGES 107, 108, it was heldto include the fact that the “Public Officer is also Liable to an Action for injury to an individual arising from Abuse of Office, either by Act of Omission or Commission.” See further the cases of RE MIRAMS (1891) 1 QB AT 594, CAVE J.;ASOGWA VS CHUKWU (2003) 4 NWLR (PT. 811) 540 AT 551 per ABOKI JCA;CHIEF JOHN EZE VS DR. COSMAS I. OKECHUKWU (1998) 5 NWLR PART 548 PAGE 43 AT 73 where His Lordship OHO, J.C.A. in PAGES 34-36 AT PARAS. E-D held that: “'Public Officer' is a Holder of a Public Office in the Public Sector of the Economy as distinct and separate from the Private Sector and that he is entitled to some Remuneration from the Public Revenue or Treasury. In addition, that he has some Authority conferred on him by Law, with a Fixed Tenure of Office that must have some Permanency or Continuity and above all else, that the Public Officer has the Power to exercise some amount of Sovereign Authority or Function of Government." 100

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