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ELVIS EZEANI V. FEDERAL REPUBLIC OF NIGERIA

(2019) JELR 87070 (SC)

Supreme Court  •  SC.675/2017  •  15 Feb 2019  •  Nigeria

Coram
WALTER SAMUEL NKANU ONNOGHEN..... Justice, Supreme Court MUSA DATTIJO MUHAMMAD..... Justice, Supreme Court KUMAI BAYANG AKA'AHS..... Justice, Supreme Court JOHN INYANG OKORO..... Justice, Supreme Court SIDI DAUDA BAGE..... Justice, Supreme Court

Judgement

JOHN INYANG OKORO, J.S.C. (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of Appeal, Lagos Division delivered on 27th day of January, 2017 wherein the Court below affirmed the decision of the High Court of Lagos State which convicted and sentenced the Appellant to 10 years imprisonment in each of the three counts of the charge of conspiracy to obtain money by false pretence (Count 1) obtaining money by false pretence (Counts 2 and 3) contrary to Sections 8 (a) and 1 (3) AND 1(1) (a) and 1 (3) of the Advance Fee Fraud and Other Related Offences Act Cap A 6, Laws of the Federation of Nigeria, 2004 respectively. The Salient facts giving birth to this appeal are as hereunder stated.

By information filed on 23rd February, 2015 before the High Court of Lagos State, the Appellant was charged with the following offences, namely:

"COUNT 1

Statement of Offence:

Conspiracy to obtain money by false pretence contrary to Section 8(a) and 1(3) of the Advance Fee Fraud…

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