Elvis Ezeani V. Federal Republic Of Nigeria (2019)

LAWGLOBAL HUB Lead Judgment Report

JOHN INYANG OKORO, J.S.C.

This is an appeal against the judgment of the Court of Appeal, Lagos Division delivered on 27th day of January, 2017 wherein the Court below affirmed the decision of the High Court of Lagos State which convicted and sentenced the Appellant to 10 years imprisonment in each of the three counts of the charge of conspiracy to obtain money by false pretence (Count 1) obtaining money by false pretence (Counts 2 and 3) contrary to Sections 8 (a) and 1 (3) AND 1(1) (a) and 1 (3) of the Advance Fee Fraud and Other Related Offences Act Cap A 6, Laws of the Federation of Nigeria, 2004 respectively. The Salient facts giving birth to this appeal are as hereunder stated.

By information filed on 23rd February, 2015 before the High Court of Lagos State, the Appellant was charged with the following offences, namely:

“COUNT 1

Statement of Offence:

Conspiracy to obtain money by false pretence contrary to Section 8(a) and 1(3) of the Advance Fee Fraud and Other Related Offences Act No.14 of 2004:

PARTICULARS OF OFFENCE:

Elvis Ezeani and Joseph Morah on or about the 25th of

1

May, 2006 at Lagos within the Ikeja Judicial Division with intent to defraud conspired to obtain money under false pretences from one Auwalu Abdulrahman.

COUNT 2:

STATEMENT OF OFFENCE:

Obtaining money by false pretences contrary to Section 1(1) (a) of the Advance Fee Fraud and other Fraud Related offences Act Cap 46, Laws of the Federation of Nigeria, 2004.

PARTICULARS OF OFFENCE: