F. R. N.

(2015) JELR 57658 (CA)    

Court of Appeal  ·  CA/L/921C/2014 ·  29 Dec 2015 ·  Nigeria
Core Terms Beta
lower court
1st defendant
reasonable doubt
grounds of appeal
trial court
appel ant
vital witness
false pretences
estate agent
overwhelming evidence
efcc operative
evidence act
said property
weight of evidence
2nd defendant
evaluation of evidence
exhibits p2
following reasons
learned trial judge
name of his agent
notice of appeal
prosecution’s case
respondent’s case
said issues
sole issue
appellant’s witness testimonies
close of trial
conviction of the appellant invalid
evidence of phone calls
gent wa s c
hotel manager
lagos statehigh court
lead judgment
learned trial judge of the lower court
military governor of ekiti state
offences of conspiracy
own brief of argument
payment of n25,000,000.00
raise issues
reasonable doubts
said col. olajide
testimonies of the defendant
zamfara state

AUGIE JCA (Delivering the Lead Judgment): The appel ant and another defendant were arraigned before the Lagos StateHigh Court and charged with offences of conspiracy to obtain money by false pretences, obtaining money by false pretences , forgery, uttering forged documents. He pleaded not guilty to counts 1 to 4 of the 6-count charge and to prove its case, the prosecution called the following:

- PW1 , Senator James Olagunju Kolawole - The victim; PW2 , Boniface Uzoechi - An EFCC Operative ; PW3 , Chie f Ha ppy Ekojikoko - The Hote l Proprietor ; PW4 , Lanre Agunbiade - The Hotel Manager ; PW5 , Otunba Tunde Tiamiyu Seriki - Le gal Practitioner ; PW6 , Rita Nkechi Ibekaku - An EFCC Operative ; PW7 , Alex Ebbah - An EFCC Operative ; PW8 , Alhaji Olatunji Azeez - Partner of PW1’s estate agent; and PW9 , Oluwatoyin Olufunke Evbotokhai - An EFCC Operative ; The prosecution’s case is that the appellant and oneOluwole Aborisade, PW1’s cousin, introduced a property at N…

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