(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. 12

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