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CHIDOLUE MADU & ORS V. FEDERAL REPUBIC OF NIGERIA

(2016) JELR 36942 (CA)

Court of Appeal  •  CA/J/16C/2012  •  26 Jan 2016  •  Nigeria

Coram
TIJJANI ABDULLAHI JCA; JUMMAI HANNATU SANKEY JCA; SAIDU TANKO HUSSAINI JCA;

Judgement

TIJJANI ABDULLAHI, J.C.A.(Delivering the Leading Judgment): This is an appeal against the Judgment of the Gombe State High Court of Justice, presided over by Hon. Justice B. L. Iliya delivered on the 4th day of July, 2011.

The 1st Appellant is the owner and managing Director of the 2nd to 4th Appellants, were all charged together and arraigned on a 19 counts charge before the Lower Court on the 8th December, 2009.

The Appellants pleaded not guilty to the charges. See pages 4010 and 125 of the Record of Appeal.

The charges leveled against the Appellants were of conspiracy to and to obtain money by false pretence under Section 1(1), 8(a), 1(3) of the Advance Fee Fraud and Other Fraud Related Offences Act.

The charges of conspiracy formed the subject of counts 1, 3, 5, 7, 9, 11, 13, 15 and 18, while obtaining money by false pretence formed the basis of counts 2, 4, 6, 8, 10, 12, 14, 16, and 17 of the charges.

At the trial, the Respondent (prosecution) called 3 witnesses to prove its case i.e …

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