EJEMBI EKO, JSC (Delivering the Leading Judgment): The Appellant was the 2nd accused person at the trial Federal High Court, Benin. He was tried along with two other persons for offences under the Advance Fee Fraud and Other Related Offences Act, 2006. The Appellant was convicted on counts 1, 4 and 5 of the charge. The said counts read thus
1. That you Aimuamwehi Friday Osareren, Omerede Darlinton and Iyokho Nosa Between the months of May and August, 2008 at Benin City did conspire amongst yourselves to commit felony, to wit: obtaining money by false pretence from one Cynthia Taylor F, an American National and thereby committed an offence contrary to Section 8(a) and punishable under Section 1(3), of the Advance Fee Fraud and other Related Offences Act, 2006.
4. That you, Aimuamwehi Friday Osareren, Omerede Darlinton and Iyokho Nosa on or about the 25th day of June, 2008 at Intercontinental Bank Plc, Mission Road Branch, Benin City - with intent to defraud did obtain the sum of $1,000 …