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PATRICK EZERIKE V. THE STATE

(2022) JELR 110125 (SC)

Supreme Court  •  SC.82/2016  •  2 Dec 2022  •  Nigeria

Coram
Amina Adamu Augie, JSC Mohammed Lawal Garba, JSC Helen Moronkeji Ogunwumiju, JSC Adamu Jauro, JSC Tijjani Abubakar, JSC

Appearances
Sir Ejike Ezenwa SAN, with him, Jacinta Okoye, Esq. and Obinatu Kenneth, Esq. For the Appellant; Dr. Obianuju Nwogu, (immediate past A. G., Anambra State) for the respondent.

Judgement

TIJJANI ABUBAKAR, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal Enugu Division delivered on the 1st day of June 2015. The Appellant in this appeal, Patrick Ezerike was arraigned before the High Court of Justice Onitsha Division along with one other accused person on a three Count charge of Obtaining Property by False Pretence contrary to Section 1 (3) of the Advance Fee Fraud and other Related Offences Act 2006. The charge against the Appellant reads as follows:

"STATEMENT OF OFFENCE

Obtaining Money by false pretence contrary to Section 1 (3) of the Advance Fee and other Fraud Related Offences Act. Cap A 6 Laws of the Federation of Nigeria.

PARTICULARS OF OFFENCE

Partrick Ezerika and Peter Nnamuchi on the 2nd day of September 2008 at Bridgehead Onitsha in Onitsha Judicial Division by means of false pretence and with intent to defraud induced one Chibuzor Dennis to deliver to you the sum of N400,000.00 (Four Hundred Thousand Naira Only…

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