Omorede Darlinton V. Federal Republic Of Nigeria (2018)

LAWGLOBAL HUB Lead Judgment Report

EJEMBI EKO, J.S.C.

The Appellant was the 2nd accused person at the trial Federal High Court, Benin. He was tried along with two other persons for offences under the Advance Fee Fraud and Other Related Offences Act, 2006. The Appellant was convicted on counts 1, 4 and 5 of the charge. The said counts read thus

1. That you Aimuamwehi Friday Osareren, Omerede Darlinton and Iyokho Nosa Between the months of May and August, 2008 at Benin City did conspire amongst yourselves to commit felony, to wit: obtaining money by false pretence from one Cynthia Taylor F, an American National and thereby committed an offence contrary to Section 8(a) and punishable under Section 1(3), of the Advance Fee Fraud and other Related Offences Act, 2006.
2. That you, Aimuamwehi Friday Osareren, Omerede Darlinton and Iyokho Nosa on or about the 25th day of June, 2008 at Intercontinental Bank Plc, Mission Road Branch, Benin City – with intent to defraud did obtain the sum of $1,000 USD from one Cynthia Taylor F, an American National, through western Union Money Transfer

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under False pretence that the sum of money would be used for the processing of a bank loan in favour of the said Cynthia Taylor, facts which you knew to be false and thereby committed an offence contrary to Section 1(1)(a), and punishable under Section 1(3), of the Advance Fee Fraud and other Related Offences Act, 2006.

5. That you Aimuamwehi Friday Osareren, Omerede Darlinton and Iyokho Nosa on or about the 2nd day of July, 2008 at Intercontinental Bank Plc, Mission Road, Benin City with intent to defraud, did obtain the sum of $2,320 USD from one Cynthia Taylor ‘F’, an American National, through Western Union Money Transfer, under the false pretence that the said sum of money would be used for the processing of a bank loan in favour of the said Cynthia Taylor, facts which you knew to be false and thereby committed an offence contrary to Section 1(1)(a), and punishable under Section 1(3), of the Advance Fee Fraud and other Related offences Act, 2006.

The conviction and sentence of the Appellant, imposed by the trial Court, were subsequently on the appeal of the Appellant to the Court of Appeal (the Lower Court)

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affirmed as his appeal was dismissed: hence this further appeal.

Two witnesses testified at the trial. Part of the evidence of the Pw.1 (ex facie pages 67 – 70 of the record) that remained unchallenged and unscathed by cross-examination runs thus. That the 1st accused, on his arrest –

In his statement he confessed to be the brain behind the scam scandal and he said that he started as pen-pal to Cynthia Taylor before he introduced loan scam. He promised to help her obtain or secure loan from a bank in Nigeria and asked for an advance fee for processing. We asked him how many times he received money from 1st Accused said he could not remember but he knew he collected severally.

He continued this scam until when he was ready for his Youth Service before he handed it over to his friend the 2nd Accused to continue.

The next day the 1st Accused on 6.4.2011 took us to Omerede Darlinton, (the) 2nd Accused, where we arrested him.

2nd Accused equally admitted that the 1st Accused handed over the scam to him to continue. The 2nd Accused used his cousin’s name, Iyokho Nosa, the 3rd Accused to collect the money and the proceeds were shared between

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him, the 2nd Accused and the 1st Accused and he settled the 3rd Accused person who was his cousin.