KELVIN IGHA IGHODALO V. THE STATE

CHIDIEBERE NWAOMA UWA, J.S.C. (Delivering the Leading Judgment): The appeal is against the judgment of the Court of Appeal, Akure Division (hereinafter referred to as the court below), delivered on 18th April 2016, which affirmed the conviction and sentence of the appellant for the offence of conspiracy, obtaining property by false pretences, stealing and impersonation contrary to section 8 of the Advance Fee Fraud & Other Related Offences Act 2006, and sections 390 & 484 of the Criminal Code Law of Osun State, 2002.

The brief facts of the appeal are that the appellant was charged with a six-count charge before the Osun State High Court (hereinafter referred to as the trial court) on the allegation that he conspired with two other persons to use the mobile telephone number belonging to Engineer Abdulrauf Aregbesola (former Governor of Osun State) stolen on 27th November 2010, the day of the Governor’s inauguration in Osogbo to defraud some of his close associates through the bank accou…