The Appellant was a vehicle inspection officer. The case resulting in this appeal arose from the purported discharge of the duties of his office under the Road Traffic Regulations 1971 of the Mid-Western State (hereinafter referred to as the Regulations), namely, to test applicants for driving licences and to issue certificates to such applicants who have passed the test. The Appellant, his clerk and his messenger were suspected of having conspired together for the purpose of receiving gratification to issue such certificates to applicants who have not taken and passed the test and consequently were jointly tried in the Magistrate's Court, sitting at Agbor, on several charges arising therefrom.

The trial Magistrate convicted all the three accused persons on the 1st count of conspiracy to commit a felony contrary to Section 443 of the Criminal Code of Western Nigeria applicable in the State. He also convicted the Appellant and his clerk on the 2nd count of official corruption contrary to Section 82(1) of the Code. He further convicted the Appellant on the 3rd count laid under regulation 28 and punishable under regulation 102(1) of the Regulations. He sentenced the three accused persons accordingly.

Against these convictions the Appellant appealed to the High Court of the Mid-western State. The learned Judge of the High Court allowed the appeal on the 1st and 2nd counts and set aside the convictions and sentences thereof. He however dismissed the appeal against the conviction on the 3rd count but varied the sentence of 3 months imprisonment passed by the trial magistrate to a fine of N90 or 3 months imprisonment.