ATOBATELE
V.
FRN

(2018) JELR 38824 (CA)

Court of Appeal · CA/L/822C/2016 · 8 Feb 2018 · Nigeria

CORAM

TIJJANI ABUBAKAR Justice of The Court of Appeal of Nigeria UGOCHUKWU ANTHONY OGAKWU Justice of The Court of Appeal of Nigeria ABIMBOLA OSARUGUE OBASEKI-ADEJUMO Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms ^Beta

appellant

state

pw1

reasonable doubt

prosecution

money

defendant

lower court

false pretence

false pretences

exhibit p3

lexus jeep

false representation

financial problems

judgment of the lower court

prosecution case

testimony of the prosecution witnesses

cross examination

extra judicial statement

advance fee fraud

chief gabriel o. onipede

count charge

hornbook law

ikeja judicial division

material witness

model lexus jeep car

said sum

statement of offence

sum of n2.7million

10th day of august

absolute certainty

agreed price

cases of atiku v

chief gabriel onipede

complete agreement

enough corroboration of prosecution

evidence act

following meaning

high court lagos state

leading judgment

lower court ought

notice of appeal

offence of false pretence

part of the defendant

proof of evidence

prosecution witnesses

proven ingredients of the appellant

sum of n3.7million

UGOCHUKWU ANTHONY OGAKWU, JCA (Delivering the Leading Judgment): The Appellant was arraigned before the High Court Lagos State on a two count charge of obtaining by false pretences in CHARGE NO: ID/61c/2010: FEDERAL REUBLIC OF NIGERIA v. ABIODUN IBRAHIM ATOBATELE. At the end of the trial, the lower Court held that the prosecution had proved the charge against the Appellant, entered a verdict of guilty, convicted and sentenced the Appellant to seven years imprisonment. The judgment of the lower Court which was delivered on 26th February 2015 is at pages 104-119 of the Records. The Appellant being dissatisfied appealed against the judgment on 18th May, 2015. The Notice of Appeal is at pages 120-123 of the Records. The Records of Appeal were compiled and transmitted and the Appellant filed his brief of argument on 22nd March 2017.

Though the Respondent was duly served with the Appellants brief, it failed to file its brief of argument, whether within the time stipulated by the Rules or at …

ATOBATELE V. FRN

ATOBATELE
V.
FRN