Chukwuemeka Aguba V. Federal Republic Of Nigeria (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A.: (Delivering the Leading Judgment)

The present appeal is a consequence of the Judgment of the Federal High Court, holden at Benin City, Edo State delivered on June 13, 2013. By the said Judgment, the lower court, Coram Adamu Hobon, J convicted the Appellant upon two count-charge of obtaining money by false pretence, contrary to Sections 8(a) and 9(1)(a) and punishable under Section 1(3) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006. The Appellant was accordingly sentenced to ten years imprisonment, without an option of fine in respect of both counts. The two terms of imprisonment were, however, ordered to run concurrently.

Dissatisfied with the said Judgment, the Appellant filed the notice of appeal thereof in the court below on 26/6/13.

BACKGROUND FACTS:

It’s evident from the record of appeal, that on 07/12/11, the Appellant was arraigned before the lower court upon a two count-charge, viz:

CHARGE

That you AGUBA CHUKWUEMEKA ‘m’ on or about the month of November, 2009 at Benin City within the jurisdiction of this Honourable Court did conspire with one Kings Agho, Tunde Oisomoje and Ayo Akinbode now at large to commit felony to wit: obtaining money by false pretence from one Emmanuel Agbongiague and thereby committed an offence contrary to Section 8(a) and punishable under Section 1(3) of the Advance Fee Fraud and Other Related Offences Act, 2006.

COUNT 2

That you AGUBA CHUKWUEMEKA ‘m’ between the month of November, 2009 and August, 2010 at Benin City within the jurisdiction of this Honourable court with intent to defraud did obtain the sum of seven million five hundred thousand Naira (N7,500,000.00) only from one Emmanuel Agbongiague under the false pretence that the said sum of money would be used for the purchase of a property to wit: a house of five bedrooms, five toilets and a car park situate and lying at No. 7 Ahonore close, Uselu Benin City, in favour of the said Emmanuel Agbongiague, facts which you knew to be false and thereby committed an offence contrary to Section 1(1)(a) and punishable under section 1(3) of the Advance Fee Fraud and other Fraud Related Offences Act, 2006.

Upon the arraignment thereof before the lower court on the said 07/12/11, the two count charge was read and explained to the Appellant, to which he pleaded not guilty. Eventually, the case proceeded to trial. Three witnesses, in the persons of Emmanuel Agbongiague (PW1), Alimi Kamil (PW2), and Aminu Ismaila (PW3) respectively, testified for the prosecution.

At the close of the case of the prosecution on 26/4/12, the Appellant raised a no-case submission. The learned counsel to the respective parties addressed the lower court on the no-case submission on 26/02/13. Consequent upon which, the lower court delivered a ruling thereby dismissing the no-case submission on 28/02/13.

Thus, resulting in the Appellant proceeding with the defence thereof. Both Mrs. Esther Agho and the Appellant testified for the defence as DW1 and DW2. On 15/5/13, the learned counsel finally addressed the court, thus resulting in reserving the vexed Judgment for delivery. On the said 13/6/13, the lower court delivered the vexed Judgment, to the conclusive effect, thus:

The totality of the whole case leads to only one conclusion and that is the prosecution has proved the case on each of the two counts against the accused person beyond reasonable doubt and accused person failed to rebut.

Consequently, I accept the prosecution evidence and hereby find the Accused person guilty on each of the two counts and convicted him thereof as charged. See page 122 of the Record of Appeal.