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DANIEL OKWEJI v. FEDERAL REPUBLIC OF NIGERIA

(2003) JELR 44910 (CA)

Court of Appeal  •  CA/E/137/2001  •  13 Mar 2003  •  Nigeria

Coram
IGNATIUS CHUKWUDI PATS ACHOLONU JCA; JOHN AFOLABI FABIYI JCA; CLARA BATA OGUNBIYI JCA;

Judgement

IGNATIUS CHUKWUDI PATS ACHOLONU, J.C.A. (Delivering the Leading Judgment): The Appellant was convicted of an offence under Section 1(a) of the Advance Free Fraud and Other related offences contrary Act No.13 of 1995 in that he defrauded the prosecutor Ifesinachi Industries Ltd. to the tune of N60000.00 by falsely pretending that he would procure for the company through auction sale a 26/24 Break down Reco vehicle, and which vehicle he never procured. Both sides gave divergent stories as to what really transpired.

The Respondent i.e. the Prosecutor's case was that the Appellant induced Igwe James Mamah or his company to give him the sum of N55000 to use in making necessary arrangements for the purchase of the vehicle. Later the Appellant had collected further N200000 and finally N25000.00 on other different occasions. Later the Appellant came and told P.W.1 that he bought the vehicle for N600000 and when P.W.1 sought to give a cheque of N500000 the appellant refused and opted for a dra…

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