CHUKWUEMEKA AGUBA V. FEDERAL REPUBLIC OF NIGERIA

EKO JSC (Delivering the Lead Judgment): The appellant was A tried and convicted on a two-count charge alleging conspiracy to obtain money by false pretence and obtaining the sum of ₦7,500,000.00 from Emmanuel Agbongiague, under a false pretence that he would use the said sum to purchase a five-bedroom property situate and lying at No. 7, Ahonore Close, Uselu, Benin- City for the said Emmanuel Agbongiague. Both offences are punishable under section 1(3) of the Advance Fee Fraud and other Related Offences Act, 2006. His conviction and sentence for conspiracy to obtain money by false pretence were, on his appeal, set aside by the Court of Appeal, Benin Division. However, his conviction and sentence for obtaining by false pretence were affirmed by the said Court of Appeal (the lower court); hence this further appeal.

The summary of the facts on which the appellant was prosecuted and convicted runs, thus -

The appellant became aware that the owner, in law, of the five-bedroom property at N…