acting in a Judicial Capacity or carrying out the duties of a Police Officer, with Imprisonment for a Term which may extend to Fourteen Years or with Fine or with both. Under this Count, the Prosecution is required to strictly prove the following: 1) That the Defendant is a Public Servant within the definition of Section 10 of the Penal Code Act and a careful perusal of this Section, will show that the person must be appointed by the Government or the Government of the Federation for the performance of Public Duties, whether with or without remuneration or for the performance of a specific public duty or any person in service of the Government in a Judicial or Quasi-Judicial, Executive, Administrative or Clerical Capacity. 2) That the Defendant accepted, or obtained, or agreed to accept or attempted to obtain from some person, a Gratification for himself or any other person, who need not be a Public Servant. Gratification means Money, Donation, Gift, Loan, Fee, Prize; Favour; Reward, Valuable Security, Property or Interest in Property, being Property of any description, whether moveable or immovable or any other similar advantage, given or promised to any person with intent to influence such person in the performance or nonperformance of his duties. That the Gratification was not legal remuneration such as Salary and 3) Allowance etc., that are officially paid to the Defendant by the State Government or other payments from other sources, which the Defendant as a Public Servant is permitted to receive. 4) The Prosecution must also prove that the Defendant accepted the Gratification as a Motive or Reward: a) For doing or forbearing to do any Official Act; b) For showing or forbearing to show in the exercise of his Official Functions, favour or disfavour to someone or; c) For rendering or attempting to render any service or disservice to someone within any Department of the Public Service or with any Public Servant. 258