Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2021) JELR 108864 (CA)    

Court of Appeal  ·  CA/AW/15C/2020 ·  16 Mar 2021 ·  Nigeria
Chioma Egondu Nwosu-Iheme JCA Isaiah Olufemi Akeju JCA Patricia Ajuma Mahmoud JCA

Ratio Decidendi

PATRICIA AJUMA MAHMOUD, J.C.A. (Delivering the Leading Judgment): The Appellant, Desmond Nwodo was arraigned and tried on a one count charge of obtaining by false pretences contrary to Section 1 (3) of the Advance Fee Fraud and other Related Offences Act, 2006. In proof of its case, the prosecution called two witnesses and tendered eight (8) exhibits which were marked Exhibits P1-P8 respectively.

The defendant/appellant on his part testified on his own behalf and called one other witness. He tendered one exhibit, Exhibit D1.

The prosecution’s case was that the defendant/appellant had presented himself to the nominal complainant (PW1) as Pastor Johnson Ezeh Peter. Under this guise, he had received various amounts of money from the nominal complainant. This included the sum of N1,200,000 that he collected from the nominal complainant towards procuring a Chinese visa for two of the complainant’s brothers but which he never did. It was after the failure to procure the visas that the nominal…

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