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OTUKPA
V.
IGP

(2020) JELR 114099 (CA)

Court of Appeal 29 Jul 2020 Nigeria
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Case Details

Suit Number:CA/C/366C/2017
Judges:PHILOMENA A. EKPE, JCA HAMMA A. BARKA, JCA MUHAMMED L. SHUAIBU, JCA
Counsel:Enome J. Amatey for Appellant. A. A. Ewah for Respondent.
Location:Calabar

MUHAMMAD LAWAL SHUAIBU, JCA (DELIVERING THE LEADING JUDGMENT): The appellant was convicted and sentenced to three (3) years and six 6 months imprisonment at the Federal High Court, Calabar Judicial Division. The case for the prosecution was that the appellant collected the sum of N2, 200, 000.00 (Two Million, Two Hundred Thousand Naira) under false pretence to supply Mrs. Nancy Ndifon a Toyota RAV 4 Jeep. Upon failing to deliver the jeep within the stipulated time, the matter was reported to the police and based on investigation, the appellant was charged to court on one count charge of obtaining property by false pretence under section 1 (1) (2) (3) of the Advance Fee Fraud and Other Related Offences Act C A6 Laws of the Federation of Nigeria, 2006.

In proof of its case, the prosecution called two witnesses and tendered Exhibits PW1 – A, PW2 – A, B, C, C1 and C2. The accused person testified and called one other witness in his defence. He also tendered Exhibit, DW1 A, B, C, D F and E.

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