KUMAI BAYANG AKA'AHS, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Abuja Division delivered on 29 January, 2015 dismissing the appeal of the appellant from the decision of the High Court of the Federal Capital Territory, Abuja. The judgment of the High Court was delivered on 8 October 2013.
The appellant was the 2nd accused in Charge No.CR/07/06 wherein he stood trial with John Obiamalu (1st accused) on an amended 3 count charge which reads as follows:-
That you John Obiamalu, Joseph Morah, Elvis Ezeani (now at large) and Sani Musa (now at large) on or about the 25 day of May 2006 at Abuja in the Abuja Judicial Division of the High Court of the Federal Capital Territory did agree among yourselves to commit illegal act to wit: Obtaining money under false pretence, and thereby committed an offence contrary to Section 8 (a) of the Advance Fee Fraud and other Fraud Related Offences Decree No. 13 of 1995 as amended by the T…