Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



EDE & ANOR.
V.
FRN

(2000) JELR 44055 (CA)    

Court of Appeal  ·  CA/E/140/99 ·  13 Jun 2000 ·  Nigeria
 · 
Other Citations
Ede v. Fed. Rep. of Nigeria (2001) 1 NWLR (Pt.695)502
CORAM
EUGENE CHUKWUEMEKA UBAEZONU Justice of The Court of Appeal of Nigeria JOHN AFOLABI FABIYI Justice of The Court of Appeal of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Editorial Summary
The Appellants were convicted on a two-count charge of conspiracy and of obtaining money under false pretences by the Miscellaneous Offences Tribunal and sentenced to 10 years imprisonment. They appealed to the Court of Appeal which affirmed the decision of the trial court.
Core Terms Beta
pw1
2nd appellant
1st appellant
state
appellants
granite permude
south africa
court
false pretences
nike lake hotel
accused person
evidence of pw1
reasonable doubt
supreme court
lower court
trial judge
advance fee fraud
appellate court
identity of the 1st appellant
learned trial judge of the tribunal
no. 12b akutu crescent
telephone number of pw1
act of the 2nd appellant
alibi of the 2nd appellant
brief facts of the case
credible admissible evidence
credible evidence of any transaction
defence of alibi of the 2nd appellant
evidence of conspiracy
facts of that case
finding of the lower court
first ingredient of the offence
fraud related offences decree no.
grounds of appeal
miscellaneous offences tribunal
part of the defence
plea of alibi of the 1st appellant
positive credible evidence
said conviction
said decree
senior counsel
such alibi
telephone calls
visual identification evidence of the prosecution
visual identification of 2nd appellant

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…

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