“'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; above all else
that a Public Officer has the power to exercise some amount of Sovereign
Authority or Function of Government."
Further, Part I of the Fifth Schedule of the 1999 Constitution of the
Federal Republic of Nigeria, particularly under Section 19, the
Interpretation Section, states “Public Office means a Person holding any of
the Offices specified in Part II of this Schedule.
In Part II of the Fifth Schedule, particularly under Section 4, Governors
and Deputy Governors of State are listed therein.
By Exhibits RR1 to RR3, the Defendant’s Code of Conduct Forms, it can be
seen that the Defendant had to be a Public Officer otherwise he would not
have thrice filled out a Code of Conduct Asset Declaration Form for Public
Officers, if he was not a Public Officer/Public Servant.
Then, there is also Exhibit SS, the Zenith International Bank Limited
Account Opening Forms dated the 1st of August 2001 and the Mandate Card
at Page 3, which irrefutably shows that the Defendant, Rev. Jolly Nyame,
during his Tenure of Office, claimed to be a Public Servant with a Permanent
Home Address as Government House Jalingo. By the Defendant’s own
showing, he is a Public Servant and heproperly recognised himself as such.
Therefore, it is without a doubt that the Defendant was the Governor of
Taraba State first in 1991, and later between the Years 1999 and 2007. He
performed Public Functions, was paid from Public Funds and was
empowered by the Law to carry out Public Duties for the benefit of the
Public and did exercise some amount of Authority or Function on behalf of
the Federal Government. The Defendant had Relatively Fixed Tenure of
Office with some sense of Permanency or Continuity.
28