Before Their Lordships
KUMAI BAYANG AKA’AHS Justice of The Supreme Court of Nigeria
AMINA ADAMU AUGIE Justice of The Supreme Court of Nigeria
PAUL ADAMU GALINJE Justice of The Supreme Court of Nigeria
SIDI DAUDA BAGE Justice of The Supreme Court of Nigeria
Between
ONYIA IFEANYI –Appellant
AND
FEDERAL REPUBLIC OF NIGERIA –Respondent
…………………….A…………………….
IBRAHIM TANKO MUHAMMAD, J.S.C. (Delivering the Leading Judgment): Facts contained in the Printed Record of this appeal reveal that the appellant, who was the accused at the Federal High Court, holden at Enugu (the trial Court), is a graduate of Sociology from Nnamdi Azikiwe University, Awka. He was alleged to have represented himself as a British businessman with the name, David Gary, a motor spare parts dealer, intending to have business partnership with one Pakawan Samneang, a woman from Thailand. According to the complainant/respondent, the accused/appellant was able to obtain the sum of $45,000.00 twice and another $60.000.00 from Pakawan Samneang upon false pretence and presentation of himself as a British businessman. He had operated through e-mail messages which he originated from his e-mail address – “shewngh@yahoo.com” to some unsuspecting persons whom he had given the impression that he was into motor spare parts business. His operation base was Malaysia.
The appellant was later arraigned and prosecuted at the trial Court upon an amended eleven (11) count charge. The Prosecution called two witnesses and tendered some documents. The appellant testified for himself and called no other witness.
At the end of hearing, the learned trial judge found the appellant guilty. He convicted the appellant on all the eleven counts. The appellant was sentenced to seven (7) years imprisonment on each count with the sentences to run concurrently.
Appellant was aggrieved with the decision of the trial Court and he appealed to the Court of Appeal, Enugu Division.
After reviewing the judgment of the trial Court, submissions of learned counsel for the respective parties, the Court of Appeal (Court below) found the appeal lacking in merit and it dismissed same accordingly.
Further dissatisfied, the appellant filed his appeal to this Court. Parties in the appeal, soon thereafter, complied with Court Rules; filed and exchanged briefs of argument and distilled issues for determination.
Learned counsel for the appellant formulated the following three (3) issues for determination;
1) “Whether the learned justices of the Court below rightly affirmed the conviction and sentence of the appellant upon an 11 count charge of advance fee fraud and possession of scam documents when the said charge as laid did not disclose offences cognizable under the law? (DISTILLED FROM GROUND ONE).
2) Whether the learned justices of the Court below rightly affirmed the conviction and sentence of the appellant on each of the eight (8) counts of possession of scam documents when there was no proof of receipt of the scam documents by those they were directed at? (DISTILLED FROM GROUND TWO).
3) Whether the retracted confessional statement on the basis of which the appellant was convicted and sentenced by the trial Court and affirmed by the Court below was direct, positive and corroborated? (DISTILLED FROM GROUND THREE).
Learned counsel for the respondent formulated three (3) issues as well:
1) “Whether the learned Justices of the Court below rightly affirmed the conviction and sentence of the appellant upon an eleven (11) count charge of advance fee fraud and possession of scam documents when the said charge as laid did not disclose offences cognizable under the law? (Distilled from Ground One)
2) Whether the learned Justices of the Court below rightly affirmed the conviction and sentence of the appellant on each of the eight (8) counts of possession of scam documents when there was no proof of receipt of the scam documents by those they were directed at? (Distilled from Ground two).
3) Whether the retracted confessional statements on the basis of which the appellant was convicted and sentenced by the trial Court and affirmed by the Court below was direct, positive and corroborated? (Distilled from Ground Three)
In his submission in this Court, learned counsel for the appellant stated on issue No.1 that the counts as constituted are unknown to law and the offence alleged under Section 6 of the Advance Fee Fraud and Other Related Offences Act 2006, (the Act herein) is not defined with prescribed penalty in utter derogation to Section 36(12) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), which insists that offences ought to be defined and penalty prescribed. Learned counsel set out the provision of Section 6 of the
…………………….B…………………….
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