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IKECHUKWU IKPA V. THE STATE

(2017) JELR 37960 (SC)

Supreme Court  •  SC.531/2012  •  30 Jun 2017  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JSC; MARY UKAEGO PETER-ODILI JSC; OLUKAYODE ARIWOOLA JSC; KUMAI BAYANG AKA'AHS JSC; AMINA ADAMU AUGIE JSC;

Appearances
J. C. Okafor, Esq. For Appellant K. A. Lewenyan (Mrs.) For Respondent

Judgement

AMINA ADAMU AUGIE, JSC (Delivering the Leading Judgment): The Appellant was arraigned before the Imo State High Court, Orlu, on a two-Count Charge of conspiracy to commit felony, and obtaining money by false pretence. He pleaded not guilty, and to prove its case, the Prosecution called six witnesses.

The case for the Prosecution is that the Appellant obtained the sum of N399. 000.00 from Mrs. Justina Okeke [PW2] on the understanding that he would supply her with gold wristwatches and trinkets, which he claimed were to be cleared at the Wharf; however, the Appellant ran away after he collected the money.

The Appellant testified in his defence and did not call any other witness. He denied the allegation and claimed that PW2 trumped up the Charge against him because he had refused to marry her daughter, ljeoma [PW1], who was his girlfriend then.

The learned trial Judge, Njemanze, J. (as he then was), did not believe him and concluded as follows in his Judgment-

I have considered the totality…

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