while serving in Northern Nigeria or by any Native, Provincial, Municipal
or other Local Authority and every Person serving in Northern Nigeria
appointed by a Servant or Agent of any such Government or Authority for
the performance of Public Duties whether with or without remuneration
or for the performance of a specific Public Duty, while performing that
duty”,is a Public Servant; and
Section 10(b), which states: “Every Person not coming within the description set forth in Paragraph
(a) who is in the Service of the Government or of any Native, Provincial,
Municipal or Local Authority in a Judicial or Quasi-Judicial, Executive,
Administrative or Clerical Capacity;
In the case of WILSON VS A.G. OF BENDEL STATE (1985) NWLR PART 4
PAGE 572, His Lordship OPUTA, J.S.C@ PAGE 64 PARAS B-D held that,
"The expression "Public Officer" has been defined in Section 7(1) of the
Public Officers (Special Provisions) Decree now Act No. 10 of 1976, as: "Public Officer means any Person who holds or has held any Office in: (a)…
(b) The Public Service of a State; or
(c) The Service of a Body whether Corporate or Unincorporated established
under a Federal or State Law."
In STROUD’S JUDICIAL DICTIONARY OF WORDS AND PHRASES 7TH
EDITION AT VOL. 3 PAGE 2209, a Public Officer was further defined in the
case of HENLY VS LYME 5 BING. PAGES 107, 108 to include the fact that
the Public Officer is also liable to an Action for Injury to an individual arising
from Abuse of Office, either by Acts of Omission or Commission.”
See further the Cases of RE MIRAMS (1891) 1 QB AT 594, CAVE
J.;ASOGWA VS CHUKWU (2003) 4 NWLR (PT. 811) 540 AT 551 per
ABOKI JCA;CHIEF JOHN EZE VS DR. COSMAS I. OKECHUKWU (1998) 5
NWLR PART 548 PAGE 43 AT 73,where His Lordship OHO, J.C.A. in
PAGES 34-36 AT PARAS. E-D held that:
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