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JELR 36819 (CA)

Court of Appeal  •   •  Nigeria



TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment): The appellant and one Rev. Fr. Silas Nweke had been accused of having defrauded some persons in August, 2008, of certain sums of money, by representing themselves as distributors of Ibeto and Dangote Cement, representing the Holy Family Group of Companies. They were consequently arraigned on a 13 - count charge of obtaining property by false pretences, contrary to Section 1(1) (b) of the Advance Fee Fraud and Other Related offences Act, No. 14 of 2006 and punishable under Section 1(3) of the same Act, at the Federal High Court, holden at Awka. The prosecution of the appellant and the co-accused person - Rev. Fr. Silas Nweke, was at the behest of the Economic and Financial Crimes Commission (EFCC) which filed the charges against them, upon receipt of a petition by the EFCC against the appellant and the co-accused person.

On 4th December, 2010, the appellant and the co-accused person, filed a Notice of Preliminary Objection, in…

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