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OFONEME ENUKORA v. FEDERAL REPUBLIC OF NIGERIA

(2018) JELR 42013 (SC)

Supreme Court  •  SC.217/2017  •  12 Jan 2018  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD JSC; KUMAI BAYANG AKA'AHS JSC; CHIMA CENTUS NWEZE JSC; EJEMBI EKO JSC; SIDI DAUDA BAGE JSC;

Judgement

MUSA DATTIJO MUHAMMAD, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Federal High Court sitting at Awka delivered on 13th May 2015 convicting and sentencing the appellant in respect of charge No. FHC/AWK/14C/2015. The appellant was prosecuted for the offence of obtaining money by false pretences. In addition to the seven years imprisonment without an option of fine, the trial Court ordered the appellant to refund the sum of four and a half million naira (N4, 500,000.00k) he falsely obtained to his victim. The facts on which the appeal hinges are briefly narrated at once.

The appellant and one other person were charged for conspiracy and obtaining the sum of N4,500,000.00k by false pretences contrary to Section 8 (A) and (1) A of the Advance Fee fraud and Other Related Offences Act 2006 punishable under Section 1 (3) of the same statute. The appellant was convicted on the 2nd count only.

The prosecutor's case is that DW5, the 2nd accused at the t…

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