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."
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