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AIMUAMWEHI FRIDAY OSAREREN V. FEDERAL REPUBLIC OF NIGERIA

(2018) JELR 38419 (SC)

Supreme Court  •  SC.670/2014  •  23 Feb 2018  •  Nigeria

Coram
OLABODE RHODES-VIVOUR JSC; MARY UKAEGO PETER-ODILI JSC; CLARA BATA OGUNBIYI JSC; EJEMBI EKO JSC; SIDI DAUDA BAGE JSC;

Judgement

EJEMBI EKO, J.S.C. (Delivering the Leading Judgment): The Appellant was the 1st accused person in the charge No. FHC/B/57C/2011 before the Federal High Court, Benin City. The eleven (11) count charge alleged that the Appellant and two others conspired to commit the offence of obtaining money from an American, Cynthia Taylor (F), by false pretences, and that they committed various offences of obtaining by false pretences various sums of money on diverse dates between May and December, 2008. The Appellant and two others pleaded not guilty to the charges. Thereafter two witnesses testified and tendered several documents. At the close of the prosecution's case, and before the accused persons opened their defence, the prosecution submitted amended charge to which the three accused persons, each, pleaded "not guilty" afresh to each of the 11 charges. Thereafter the accused persons, particularly the appellant as the 1st Accused, each entered his defence.

At the close of the defence and the fi…

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