Chinedu Nwankwo & Anor. V. Federal Republic of Nigeria (2002)

LawGlobal-Hub Lead Judgment Report

EKPE, J.C.A.

The accused persons were at the Miscellaneous Offences Tribunal, Lagos Zone, arraigned in Charge No. MOT/L/23/24/98 on a two count charge with the following offences:

“Court One

That you, Chinedu Nwankwo and Cyril Nwankwo, on or about the 5th April, 1996, at Lagos, in the Lagos Zone of the Miscellaneous Offences Tribunal, with intent to defraud, conspired among yourselves to obtain property by false pretence and thereby, committed an offence contrary to section 8(a) and punishable under section 1(3) of Advance Fee Fraud and Other Fraud Related Offences Decree No. 13 of 1995.

Court Two

That you, Chinedu Nwankwo and Cyril Nwankwo, on or about 5th April, 1996, at Lagos, in the Lagos Zone of the Miscellaneous Offences Tribunal, attempted to obtain from one Sister Mary Dominica, of Immaculate Queen Centre Spokane, United States of America, the sum of Fourteen thousand five hundred U.S. Dollars ($14,500 U.S.) and thereby committed an offence contrary to section 8(b) and punishable under section 1(3) of the Advance Fee Fraud and Other Fraud Related Offences Decree No. 13 of 1995.”

At the commencement of the trial, the accused persons pleaded not guilty to the aforestated two counts of the charge. Thereafter, the prosecution called three witnesses to prove its case. At the close of the case for the prosecution, the accused persons defended themselves and gave evidence in the witness-box, but did not call any witness.

The facts leading to this case emanated from a letter dated 3rd August, 1996, and written by one Sister Mary Dominica, of Mary Immaculate Queen Centre, Spokane, United States of America, to the Deputy Inspector-General of Police, Federal Investigation and Intelligence Bureau, Ikoyi, Lagos, Nigeria, in which allegation of fraud and attempt to obtain money from her organisation in the U.S.A. were made by “supposed” lawyers in Nigeria, through correspondence to her. Annexed to the said letter, were the letters/documents which formed the correspondence in question. The said letter with the annexures (exhibit A1) were referred to the Special Fraud Unit/Department of the Nigeria Police Force Ikoyi, Lagos, for investigation. One Bala Chiroma, a Deputy Superintendent of Police attached to the said Special Fraud Unit/Department of the Nigeria Police Force, Lagos, with his team of policemen investigated the case and he gave evidence as PW1 at the trial before the Miscellaneous Offences Tribunal, Lagos Zone, (hereinafter referred to as the “Tribunal”).

Some of the letters/documents annexed to the letter received from Sister Mary Dominica and tendered in evidence by PW1 as part of exhibit A1 were written by one Barrister Kunle Abayomi, and a Barrister (Dr) Michael Uzor to Sister Mary Dominica. One of the letters (exhibit A1 page A4f) at page 16 of the record of appeal from Barrister Kunle Abayomi reads:-

“Kunle Abayomi & Associates

Solicitors & Advocates Notary Public (Supreme Court of Nigeria) 23, Aiyetoro Street, Fadeyi-Mushin, Lagos.

Tel/Fax: 234-1-5851563

Date: 07/03/96

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