GARBA JCA (Delivering the Lead Judgment): This appeal is from the decision of the Abia State High Court delivered on the 28/6/04 in case No. A/6C/2001. The respondents were arraigned before that court (hereinafter to be called the court below) on a total of six-count charges as follows: 1st respondent with:
“(i) Conspiracy to obtain property by false pretences contrary to section 8(a) of Decree No. 13 of 1995; and
(ii) obtaining products of the complainant company Smith Kline Beecham Nig. Plc valued at ₦10,356,629.34 by falsely pretending that the products had been paid for by 17 cheques of that value contrary to section 1(1)(a) of Decree No. 13 of 1995.
2nd respondent was charged with:
(i) Conspiracy with the 1st accused.
(ii) Inducing delivery of products by falsely pretending that the 1st accused had paid for the products via the 17 cheques referred to, contrary to section 1(1)(b) of Decree 13 of 1995.
(iii) Fraudulent false accounting contrary to section 438 of the Criminal Code by…