(8)In the discharge of his official duties.
It is not in dispute that the Accused is a natural
person, Mohammed Ali Balogun, A chief Magistrate –
meaning a public officer and the allegation in the
charge is in relation to the discharge of his
official duties.
I have already resolved count 1 of the charge in
relation to demand for gratification as having been
proved. And within evidence it’s clear that the was
received of the sum of N50, 000.00K and marked
money for sting operation by the ICPC. The evidence
of PW1,PW2,PW3 and PW5 all point to the fact that
the Accused did receive the marked N50,000.00K and
same was found beneath a sofa in his sitting room.
It is worth recalling that it is part of the
testimony of the prosecution that it was while
Accused was frantically trying to hide something
underneath the sofa that the operatives directed
him (Accused) to reveal what he was trying to hide,
and it turned out to the said marked money, same
having been received by the Accused and indeed
trying to hide same upon realising that the ICPC
operatives were there. This confirm receipt of the
money in very corrupt manner by a public officer,
in order to confer unjust advantage on to himself.
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