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IKPA
V.
STATE

(2017) JELR 37960 (SC)

Supreme Court 30 Jun 2017 Nigeria
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- The appellant was charged with conspiracy to commit felony and obtaining money by false pretense. - The trial judge found the appellant guilty of obtaining money by false pretense but not guilty of conspiracy. - The Court of Appeal affirm

Case Details

Suit Number:SC.531/2012
Judges:IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria KUMAI BAYANG AKA'AHS Justice of The Supreme Court of Nigeria AMINA ADAMU AUGIE Justice of The Supreme Court of Nigeria
Counsel:J. C. Okafor, Esq. For Appellant K. A. Lewenyan (Mrs.) For Respondent

AMINA ADAMU AUGIE, JSC (Delivering the Leading Judgment): The Appellant was arraigned before the Imo State High Court, Orlu, on a two-Count Charge of conspiracy to commit felony, and obtaining money by false pretence. He pleaded not guilty, and to prove its case, the Prosecution called six witnesses.

The case for the Prosecution is that the Appellant obtained the sum of N399. 000.00 from Mrs. Justina Okeke [PW2] on the understanding that he would supply her with gold wristwatches and trinkets, which he claimed were to be cleared at the Wharf; however, the Appellant ran away after he collected the money.

The Appellant testified in his defence and did not call any other witness. He denied the allegation and claimed that PW2 trumped up the Charge against him because he had refused to marry her daughter, ljeoma [PW1], who was his girlfriend then.

The learned trial Judge, Njemanze, J. (as he then was), did not believe him and concluded as follows in his Judgment-

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