It is clear that the Official Act for which the Gratification was given, must be
an act connected with the Official Functions of the Defendant as Governor,
and there must be an understanding that the Gratification was given in
consideration of some Official Act or Conduct.
It is not necessary to show that the Official Act, the Subject of Consideration,
was performed by the Public Servant, and it is not a defence to show that the
act, if performed, was a legal act and against the person who tendered the
Gratification.
It is also extraneous to show that at the time of taking the Sum of Money
alleged, the Defendant intended to perform the act promised. Therefore, it is
immaterial to enquire into how the Money received, affected the mind of the
Defendant. Under this Section, there is no need to establish any dishonest or
fraudulent intent on the part of the Defendant, as the Offence is complete
once he accepts the Gratification in respect of an Official Act.
Whilst there must be a clear connection between the Payment and the
Performance of the Act, it need not be shown that if the Gratification had not
be given, the Act would not have been performed or that the Act would have
been differently performed. Reference is made to the cases of CALEB OJO &
ANOR VS FEDERAL REPUBLIC OF NIGERIA (2008) LPELR-5155 (CA);
TEMPLENWANKWOALA VS FEDERAL REPUBLIC OF NIGERIA (2018)
LPELR-43891 (SC) PER RHODES-VIVOUR JSC; AWETO VS FRN (2018)
LPELR-43901 (SC).
Now,Count 5 deals with the Offence of a Public Servant Obtaining Valuable
thing without consideration from person concerned in proceeding or
business transacted by such Public Servant and it is governed by: Section 119 of the Penal Code Act, which states as follows: - who ever
being a Public Servant accepts or Obtains or agrees to accept or attempts
to obtain for himself or for any other person any Valuable thing without
consideration or for a consideration which he knows to be inadequate(a) From any person whom he knows to have been or to be or to be
likely to be concerned in any proceeding or business transacted or about
259