CORAM
PARTIES
PETER OCHUBA APPELLANTS
THE FEDERAL REPUBLIC OF NIGERIA RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellant, was initially charged alongside two others (Maxwell Okeke and Benjamin Ahamefule) on a 12 count charge of conspiracy to obtain money by false pretence contrary to sections 8(a) and 1(3) of the Advance Fee Fraud and Other Fraud Related Offences Act No. 13 of 1995 (as amended by Act No. 62 of 1999), obtaining money by false pretence contrary to section 1(3) of the Advance Fee Fraud and Other Fraud Related Offences Act No. 13 of 1995 (as amended by Act No. 62 of 1999) and forgery contrary to section 467(2) (b) and 467(4)(b) of the Criminal Code Cap C.17 Vol.2 Laws of Lagos State of Nigeria 2003. Before the date of arraignment, the Respondent amended the charge to reflect the Appellant alone claiming that the other two persons charged had absconded upon being released on bail. The amended charge is dated 13/2/2007. The Appellant was subsequently arraigned and he pleaded not guilty to the charges. The Respondent opened its case, called six (6) witnesses and tendered sixty-seven (67) exhibits in evidence. At the close of its case, the Appellant made a no case submission which application was overruled by the trial court as lacking in merit. Dissatisfied with the decision, the Appellant has appealed to the Court of Appeal.
HELD
Appeal Dismissed
ISSUES
? Whether from the facts and circumstances of this case it could be said that the learned trial judge was wrong in assuming jurisdiction to try and determine the criminal charge against the appellant and other accused persons at large for the offences of conspiracy to obtain money by false pretence, obtaining money by false pretence and forgery?? Whether in the light of the evidence adduced and the exhibits tendered it could be said that the learned trial judge was wrong in dismissing the appellants no case submission?
RATIONES DECIDENDI
CASES CITED
STATUTES REFERRED TO
Advance Fee Fraud and Other Fraud Related Offences Act No. 13 OF 1995 (As Amended By Act NO. 62 OF 1999)Constitution of the Federal Republic of Nigeria 1999Criminal Code Cap C.17 VOL.2 Laws of Lagos State of Nigeria 2003Criminal Procedure ActCriminal Procedure Law of Lagos State, 2003
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