Ezerike V. State (2022)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

TIJJANI ABUBAKAR, J.S.C. (Delivering the Lead Judgment): This appeal is against the judgment of the Court of Appeal Enugu Division delivered on the 1st day of June 2015.

The Appellant in this appeal, Patrick Ezerike was arraigned before the High Court of Justice Onitsha Division along with one other accused person on a three Count charge of Obtaining Property by False Pretence contrary to Section 1 (3) of the Advance Fee Fraud and other Related Offences Act 2006. The charge against the Appellant reads as follows:

“STATEMENT OF OFFENCE
Obtaining Money by false pretence contrary to Section 1 (3) of the Advance Fee and other Fraud Related Offences Act. Cap A 6 Laws of the Federation of Nigeria.

PARTICULARS OF OFFENCE
Partrick Ezerika and Peter Nnamuchi on the 2nd day of September 2008 at Bridgehead Onitsha in Onitsha Judicial Division by means of false pretence and with intent to defraud induced one Chibuzor Dennis to deliver to you the sum of N400,000.00 (Four Hundred Thousand Naira Only) property of one Kenneth Nwanno.

STATEMENT OF OFFENCE
Representing yourselves, as capable of producing Nigeria currency from a piece of paper or other material contrary to Section 2 (a) of the Advance Fee and other Fraud Related Offences Act, 2006.

PARTICULARS OF OFFENCE
Partick Ezerika and Peter Nnamuchi on the same time and place in the Onitsha Judicial Division with the intent to defraud represented yourselves to one Chibuzor Dennis as capable of producing Nigeria currency from a piece of paper or other materials by washing and dipping the said papers in chemical.

STATEMENT OF OFFENCE
Attempt to obtain by false pretence contrary to Section 8 (b) of the Advance Fee and other Fraud Related Offences Act, 2006.

PARTICULARS OF OFFENCE
Partrick Ezerika on the 8th day of September 2008, and at the same place in the afore-mentioned judicial division did attempt to obtain by false pretence the sum N200,000.00 (Two Hundred Thousand Naira) from one Chibozor Dennis.”

​When the charge was read and explained to the Appellant, he pleaded not guilty the case immediately proceeded to trial. At the trial, the Respondent called two witnesses and tendered exhibits in proof of its case against the Appellant while the Appellant testified in his own defence and called one witness in defence.

At the conclusion of trial, the trial Court found the Appellant guilty as charged and sentenced him to fifteen years imprisonment with respect to count one, ten years imprisonment with respect to count two and fifteen years imprisonment with respect to count three, the Appellant was given no option of fine. The decision of the trial Court nettled the Appellant who filed notice of appeal at the lower Court on the 28th day of February 2014. The lower Court after hearing the Appellant’s appeal found no merit in it, it was therefore dismissed, the judgment of the trial Court delivered on the 28th day of November 2013 was therefore affirmed.

Further aggrieved by the decision of the lower Court, the Appellant further appealed to this Court via an amended notice of appeal filed on the 25th day of May, 2018 containing seven grounds of appeal, the amended Notice was deemed as properly filed and served on the 27th day of September, 2018.

Learned Counsel Sir Ejike Ezenwa Esq, filed the Appellant’s brief of argument on the 20th day of June 2016, the brief was deemed as properly filed and served on the 27th day of September 2018. In the Appellant’s brief of argument, learned Counsel nominated four issues for the determination. The issues are reproduced as follows;

1. ‘Whether the entire proceedings, trial, conviction and sentence of the appellant by the trial Court and which conviction and sentence was affirmed by the Court of appeal were not illegal, unconstitutional, null and void, having been conducted in violation of Section 36 6 (a) & (b) of 1999 Constitution (as amended) and Section 309 of the Administration of Criminal Justice Law of Anambra State, 2020.
2. Whether it is not double punishment or double jeopardy for the appellant to be sentenced to various terms of imprisonment and at the same time ordered to pay back to the complainant the amount said to have been defrauded and whether this did not occasion miscarriage of justice.
3. Whether from the totality of the evidence proffered by both parties during trial, the prosecution prove its case against the appellant beyond reasonable doubt.
4. Whether the Court of appeal was right when it confirmed the position of the learned trial Judge that the prosecution witness (pw1) duly and

adequately explained to the satisfaction of the Court, the contradictions and inconsistencies noted in her extra judicial and oral evidence in Court.”

Learned counsel for the Respondent Dr. Uju Nwogu on the other hand filed the Respondent’s brief of argument on the day of September 2018. Learned counsel also nominated corresponding four issues for determination, the issues are also reproduced as follows: