RAYMOND NWOKEDI V. THE STATE

A. G. IRIKEFE, J.S.C. (Delivering the Leading Judgment): In this matter, the appellant was tried and convicted at the Chief Magistrate's Court of the Njikoka Magisterial District holden at Amawbia-Awka on a charge which reads:

"That you Raymond Nwokedi alias Theophilus Anazonwu on the 12th day of May, 1973, at Igwebuike Secondary School, Awka in the Njikoka Magisterial District, attempted to commit a felony to wit, to obtain with intent to defraud the sum of N160.00 from Michael Nweke by falsely pretending you were in position to give him June, 1973 West African School Certificate question papers and thereby committed an offence punishable under section 509 of the Criminal Code, Cap. 30 Vol. 2, Laws of Eastern Nigeria, 1963."

At the trial, the appellant called no evidence, his counsel having stated that he was resting his case on the evidence adduced by the prosecution. The prosecution's case depended in the main upon the testimony of P.W.5 (Michael Nweke). In view of the importance o…