Collins Osa Uhuangho V. Federal Republic Of Nigeria (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JAMILU YAMMAMA TUKUR, J.C.A. (Delivering the Leading Judgment)

This is an Appeal against the Ruling of the High Court of Lagos State Judicial Division in Charge No: ID/387c/2014 delivered by Lawal-Akpo J. on the 10th December, 2014 wherein the Court dismissed the Appellant’s application to quash a four-count charge of conspiracy to obtain and obtaining money by false pretences.

The circumstances that led to this appeal as Record contained in the Record are as follow: The Respondent on the 18th March, 2014 preferred a four count criminal charge against the Appellant. It was alleged that sometimes in June the Appellant conspired with one Charles of Ivan Resources to swindle large sums of money from Ebolo Godwin and his company, GIC Oil and Gas Services Limited for purported purchase of a Marine motor transport vessel.

?It was also part of the allegation that the Appellant fraudulently obtained the sums of $1,030,000.00 (One million and Thirty thousand US dollars), N22,000,000.00 (Twenty-two million naira) and N4,000,000.00 (Four million naira) from Ebolo Godwin and his company, GIC Oil and Gas service Limited, the various sums being for

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purchase of a marine motor transport vessel, execution of a purported contract with ELF Finale and public relations purposes for a contract allegedly secured with the Government of Akwa Ibom State respectively, for the named Ebolo Godwin and his company.

The Appellant was charged before the High Court of Lagos State, Ikeja Judicial Division with the following offences:

STATEMENT OF OFFENCE ? 1ST COUNT

Conspiracy to obtain money by false pretence contrary to Sections 8 (a) and 1(3) of the Advance Fee Fraud and Other Fraud Related Offences Act No. 11 of 2006.

STATEMENT OF OFFENCE ? 2ND COUNT

Obtaining money by false pretence contrary to Section 1(3) of the Advance Fee Fraud and Other Fraud Related Offences Act No. 11 of 2006.

STATEMENT OF OFFENCE ? 3RD COUNT

Obtaining money by false pretence contrary to Section 1(3) of the Advance Fee Fraud and Other Fraud Related Offences Act No. 11 of 2006.

STATEMENT OF OFFENCE ? 4TH COUNT