UBAEZONU, JCA (Delivering the Leading Judgment): The two Appellants were convicted on a two count charge by the Miscellaneous Offences Tribunal, Eastern Zone holden at Enugu and sentenced to 10 years imprisonment. The charges against the Appellants were one of conspiracy and another of obtaining money under false pretences contrary to S.8(a) and 1(a) respectively of the Advance Fee Fraud and other Fraud Related Offences Decree No. 13 of 1995 and punishable under S.1(3) of the said Decree. Against the said conviction, the Appellants have appealed to this Court.
The brief facts of the case as alleged by the prosecution were that the 2nd Appellant having obtained the telephone number of PW1 (Cosmas Iro), the victim of the fraud, telephoned him several times posing that he was phoning from South Africa.
The 2nd Appellant told the PW1 that his company wanted precious stone known as granite permude used in the production of jewelry and ornaments. He thereupon directed PW1 to see the 1st App…