Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2008) JELR 49443 (SC)    

Supreme Court  ·  SC.331/2007 ·  19 Dec 2008 ·  Nigeria
Other Citations
ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria ALOMA MARIAM MUKHTAR Justice of The Supreme Court of Nigeria MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria FRANCIS FEDODE TABAI Justice of The Supreme Court of Nigeria CHRISTOPHER MITCHELL CHUKWUMA-ENEH Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
false pretence
court of appeal
trial court
accused person
fabio fajans
advance fee fraud
fraud related offences act
learned counsel
statement of offence
financial crimes commission
laws of lagos state of nigeria
criminal code
criminal proceedings
exhibit a
forged document
laws of the federation of nigeria
leading judgment
appellant's brief
conviction of the appellant
federal government of nigeria
mr. gary m. bald
multi links
said fabio fajans
a. m. mukhtar
ample evidence
argument of the learned counsel
attorney-general of the state
briefs of argument
case of dosunmu
chairman of efcc
counsel's submission
criminal code cap
f. f. tabai
fiat of the attorney-general of the state
following offences
high court of lagos state
internet telephone
payment schedule
powers of the court
quarrel of the learned counsel
respondent's brief
spirit of the provision of section
starcom telephone line
such power
totality of the evidence
united states dollars

A. M. MUKHTAR, JSC (Delivering the Leading Judgment): In an amended information before the High Court of Lagos State holden at Ikeja, the appellant was arraigned and charged with the following offences:

Statement of Offence - 1st Count

Attempt to obtain money by false pretence contrary to Sections 5(1), 8(b) and 1(3) of the Advance Fee Fraud and other Fraud Related Offences Act, Cap A6, Vol. 1, Laws of the Federation of Nigeria, 2004.

Particulars of Offence

Mike Amadi sometime in February, 2004, at No. 15, Irepodun Street, Akiode Ogba, Lagos with intent to defraud, attempted to obtain the sum of US$125,000.00 (One Hundred and Twenty-Five Thousand United States Dollars) from Fabio Fajans by sending a payment schedule containing false pretence to the said Fabio Fajans to wit: requested for money to enable you process the transfer of Two Million, Five Hundred Thousand United State Dollars ($2.5 Million USD) being the contract sum for the generators Fabio Fajans was purported to have sup…

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