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…

EDE & ANOR. V. FRN

EDE & ANOR.
V.
FRN