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HELEN MORONKEJI OGUNWUMIJU, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice I.B. Gafar of the Federal High Court, in Charge No. FHC/AWK/14C/2012 delivered on 13/5/2015 convicting and sentencing the Appellant to seven years imprisonment without an option of fine for the offence of obtaining money by false pretences. In addition, the Court ordered the refund of the sum of N4,500,000.00 found falsely obtained to the complainant.
The facts leading to this appeal are as follows:
The Respondent filed a Two Count Amended Charge against the Appellant and another for the offences of Conspiracy and Obtaining the sum of N4,500,000.00 by False Pretence contrary to Sections 8 (A) and 1 (1) (A) of the Advance Fee Fraud and Other Related Offences Act, 2006 and punishable under Section 1 (3) of the same Act. The Appellant was convicted only on the 2nd count set out below:-
That you Ofoneme Enukora and Maureen Umeokana sometime on or about the 22nd day of A…