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(2021) JELR 109299 (CA)

Court of Appeal  •  CA/LAG/CR/338/2020  •  16 Mar 2021  •  Nigeria

Obande Festus Ogbuinya, JCA Obietonbara O. Daniel-Kalio, JCA Onyekachi Aja Otisi, JCA


ONYEKACHI AJA OTISI, J.C.A. (Delivering the Leading Judgment): This appeal was lodged against the judgment of the Federal High Court, Lagos (the lower Court) delivered on December 6, 2019 Coram C. A. Obiozor, J. wherein the Appellant was found guilty on a six-count Amended Charge No: FHC/L/345C/2016 and thereupon was convicted and sentenced.

The facts leading to this appeal may be summarized in this manner: On 13/7/2015, Access Bank Plc received an email that purportedly emanated from its customer, Greenview Development Nigeria Plc, through the email of its Finance Manager, Mr. Francis Adeoti, instructing the Bank to transfer the sum of N25, 000,000.00 to an account in United Bank for Africa (UBA) Plc in the name of ICT Aid Foundation Cooperative Society Ltd. The transfer was done on 14/7/2015 following a phone call that was purportedly made by one Samuel Jatiu, who claimed to be the subordinate of Mr. Francis Adeoti. The following week, there was another instruction from the same purp…

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