Shadrack Uzoka V. Federal Republic of Nigeria (2009)

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ADZIRA GANA MSIIELIA. J.C.A.

 The appellant Shadrack Uzoka was arraigned before the High Court of Lagos State sitting in Lagos and charged with the following offences:-

STATEMENT OF OFFENCE – 1ST COUNT

Obtaining property by false pretence contrary to Section 1(1) (A) of the Advance Fee Fraud and other Fraud Related Offences Decree No 13 of 1995 as amended punishable under Section 1(3) of the same Decree.

PARTICULARS OF OFFENCE

Shadrack Uzoka (M) sometime in the month of December, 2001 at Apapa in Lagos State of Nigeria did obtain one Honda Civic car and two Mitsubishi L300 Buses from one Oyenkachi Budu which said vehicles are valued at the sum of N1,608,400.00 (One Million, Six hundred and eight thousand four hundred naira) by false pretence and with intent to defraud to wit: you represented to the said Oyenkachi Budu that you have not disposed of the vehicles when you had actually disposed of the vehicles for the sum of N1,608,400.00 (One million, Six hundred and eight thousand four hundred naira) and was trading with the said proceeds.

STATEMENT OF OFFENCE 2ND COUNT

Obtaining money by false pretence contrary to Section 1(1) (A) of the Advance Fee Fraud and other Fraud Related Offences Decree No 13 of 1995 as amended punishable under Section 1(3) of the same Decree.

PARTICULARS OF OFFENCE

Shadrack Uzoka (M) on, or about the 13th day of February, 2002 at No 4, Otuniyo Street, Ajegunle, Lagos, in Lagos State of Nigeria, did obtain the sum of N 768,000.00 (Seven hundred and sixty eight thousand naira) from one Onyekachi Budu, by false pretence and with intent to defraud to wit; you represented to the said Oyenkachi Budu that you were going to trade with the money and pay back by March, 2002 and when requested for payment, you denied ever receiving such money from the said Oyenkachi Budu.

STATEMENT OF OFFENCE – 3RD COUNT

Stealing contrary to Section 390(9) of the Criminal Code Act, Cap 17 laws of the Federation of Nigeria 1990.

PARTICULARS OF OFFENCE

Shad rack Uzoka (M), between the months of January and May, 2002 in Lagos State of Nigeria did steal the sum of N1,608,400.00 (One million six hundred and eight thousand four hundred naira) being the proceeds realized on one Honda Civic car, and two Mitsubishi L300 Buses belonging to one Oyenkachi Budu by converting same to your use.