Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



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 …

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