NASIHA AUTOMOBILE (NIG) LTD
V.
FRN

(2023) JELR 110546 (CA)

Court of Appeal 23 Jan 2023 Nigeria
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- The appellant and its managing director were charged with obtaining money by false pretense and criminal breach of trust. - The lower court convicted the appellant for cheating and criminal breach of trust. - The appellant appealed the co

Case Details

Suit Number:CA/G/59C/2021
Judges:Jamilu Yammama Tukur, JCA Ebiowei Tobi, JCA Adebukunola Adeoti Ibironke Banjoko, JCA
Counsel:E. A. Osayomi, holding the brief of M. Shaibu, Esq. For the Appellant; S. E. Okemini, Esq. Deputy Detective of Superintendent (DDS) of Economic and Financial Crime Commission (EFCC) For the Respondent.

EBIOWEI TOBI, J.C.A. (Delivering the Leading Judgment): The Appellant in this appeal was charged together with its Managing Director, one Mustafa Mohammed Hassan on a four count charge for the offence of Obtaining Money by false pretence contrary to Section 1(1) (a) of the Advance Fee Fraud and Other Related Offences Act, 2006 (hereinafter referred to as the Act) and punishable under Section 1(3) of the same Act, and Criminal Breach of Trust contrary to Section 311 and punishable under Section 312 of the Penal Code Law.

​The prosecution in a bid to discharge the burden placed on him called 2 witnesses and tendered several documents, admitted as exhibits. The Appellant as 2nd Defendant called three witnesses who testified in its favour and the 1st Defendant. The lower Court after taking the evidence and the submission of Counsel delivered its judgment on 05/10/2020 as found on pages 146-167 of the record of this appeal. In the said judgment, the lower Court, presided over by His Lordshi…

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