(2003) JELR 44910 (CA)    

Court of Appeal  ·  CA/E/137/2001 ·  13 Mar 2003 ·  Nigeria
IGNATIUS CHUKWUDI PATS ACHOLONU Justice of The Court of Appeal of Nigeria JOHN AFOLABI FABIYI Justice of The Court of Appeal of Nigeria CLARA BATA OGUNBIYI Justice of The Court of Appeal of Nigeria
Core Terms Beta
reasonable doubt
public relations
false pretences
learned trial judge
totality of evidence
trial judge
advance fee fraud
conduct of a matter of fact
end of the trial
free fraud
grounds of appeal
purchase of the vehicle
related offences
sale price
sum of n400000
valid charge
accused person
appellants counsel
application of the prosecution
criminal appeal
date of arrest
due enforcement of all laws
further n200000
heated argument
later facts
leading judgment
light of the evidence
nature of the sentence
offence of false pretences
order of transfer
own conclusion
police investigation report
preservation of law
reco vehicle
said issues
said knowledge
satisfactory evidence of investigation of this case
substantial evidence
such state of uncertainty
sum of money
sum of n55000
totality of the evidence
tune of n60000.00
view of the case
witnesses pw

IGNATIUS CHUKWUDI PATS ACHOLONU, J.C.A. (Delivering the Leading Judgment): The Appellant was convicted of an offence under Section 1(a) of the Advance Free Fraud and Other related offences contrary Act No.13 of 1995 in that he defrauded the prosecutor Ifesinachi Industries Ltd. to the tune of N60000.00 by falsely pretending that he would procure for the company through auction sale a 26/24 Break down Reco vehicle, and which vehicle he never procured. Both sides gave divergent stories as to what really transpired.

The Respondent i.e. the Prosecutor's case was that the Appellant induced Igwe James Mamah or his company to give him the sum of N55000 to use in making necessary arrangements for the purchase of the vehicle. Later the Appellant had collected further N200000 and finally N25000.00 on other different occasions. Later the Appellant came and told P.W.1 that he bought the vehicle for N600000 and when P.W.1 sought to give a cheque of N500000 the appellant refused and opted for a dra…

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