Judgment
EBIOWEI TOBI, J.C.A. (Delivering the Leading Judgment) : The Appellant in this appeal was charged on a one count charge for the offence of Obtaining Money by false pretense punishable under Section 1(3) of the Advance Fee Fraud and Other Related Offences Act, 2006. The lower Court after taking the evidence of the parties evaluated same and the submission of Counsel, delivered its judgment on 28/02/2022 as found at pages 178-196 of the record of this appeal.
In the said judgment, the Lower Court, presided over by his Lordship, Fadawu Umaru J. of the Borno State High Court, Maiduguri Judicial Division, convicted the Appellant for the offence charged, and sentenced him to Seven years imprisonment. The lower Court which is also the trial Court specifically at pages 194-195 of the record held thus: “It is apparent from the testimonies of PW1, PW2 and PW3 that the accused made a representation that he was awarded a contract by the Danish Refugee Council when he in fact knew it to be false.
The EFCC thus have the power to investigate and prosecute the case. It is the law that once a person is induced by another through the medium of a contract to part with his money or goods such a contract ripens to obtaining by false pretence. See EBGUE V. FEDERAL REPUBLIC OF NIGERIA (2020) 11 NWLR (Pt. 1734) 103 at 129 to 130. I hold that the act of the accused is a criminal act and the EFCC has the power to investigate and prosecute this case. I hold that the EFCC did not act as a debt recovery agency in this case. This issue is therefore resolved in favour of the Prosecution.
On the whole, I hold that the Prosecution has proved the guilt of the accused person beyond reasonable doubt. Consequently, the Court hereby finds you Isaac Harami Ndahi guilty and accordingly convict you for the offence of obtaining under false pretence under Section 1(3) of the Advance Fee Fraud and Other Related Offences Act 2006.’’ It is this judgment that the Appellant is appealing against. The Appellant filed a Notice of Appeal on 29/3/2022 of 4 grounds found at pages 197-200 of the record.
Although, the fact that culminated into this appeal are not complicated, it is however, the application of the law to those facts that have thrown up some challenges in the case and indeed this appeal.
