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EMEKA EKWUNUGO V. FEDERAL REPUBLIC OF NIGERIA

(2008) JELR 47104 (SC)

Supreme Court  •  SC.110/2006  •  11 Jul 2008  •  Nigeria

Coram
DAHIRU MUSDAPHER JSC; SUNDAY AKINOLA AKINTAN JSC; WALTER SAMUEL NKANU ONNOGHEN JSC; IBRAHIM TANKO MUHAMMAD JSC; MOHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JSC;

Judgement

S. A. AKINTAN, J.S.C (Delivering the Leading Judgment): The appellant was arraigned before Enugu High Court on a one count charge which reads as follows:

"That you Emeka Ekwunugo alias Kingsley Onuorah of No. 1 Inyi Street, Achara Layout, Enugu on or about the month of September 1995 at Enugu within the jurisdiction of the Honourable Court by false pretences and with intent to defraud, induced Ndukwo Ndukwo Ogbujah and Sir C. O. Ikoro to deliver to you the sum of =N=9,724,820 by falsely claiming that you would transfer to their account at Barclays Bank, London the sum of US$108,000 (One Hundred and Eight Thousand United States Dollars) purported to be export proceeds of your genuine business and you thereby committed an offence contrary to section 1(1)(b) of the Advance Fee Fraud and other Fraud Related Offences Decree No. 13 of 1995 and punishable under section 1 (3) of the same Decree."

The appellant pleaded not guilty to the charge and thereafter the prosecution opened its case. A…

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