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WALTER WAGBATSOMA v. FEDERAL REPUBLIC OF NIGERIA

(2018) JELR 33052 (SC)

Supreme Court  •  SC.517/2015  •  9 Feb 2018  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD JSC; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC; JOHN INYANG OKORO JSC; CHIMA CENTUS NWEZE JSC; EJEMBI EKO JSC;

Judgement

CHIMA CENTUS NWEZE, J.S.C. (Delivering the Leading Judgment): The appellant in this appeal and four other defendants were arraigned, on Information, before the High Court of Lagos State for the offences of obtaining money by false pretence under Section 1 of the Advance Fee Fraud and other Fraud Related Offences Act, 2006; forgery and uttering under the Criminal Code, Cap. C17, Laws of Lagos State of Nigeria, 2003 and conspiracy to commit the said offences.

Sequel to their non-guilty plea, the case went to trial. The Prosecutions case was woven around the testimonies of twelve witnesses and seventy-one exhibits. At the end of the prosecutions case, the appellant and the other defendants, by their No Case Submission, contended that the Prosecution failed to make out a prima facie case against them; worse still, that the said High Court (hereinafter, simply, referred to as the trial Court) had no jurisdiction to entertain the case having regard to Sections 251 (1) of the Constitution of …

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