Frank Amah V. Federal Republic Of Nigeria (2019)

LAWGLOBAL HUB Lead Judgment Report

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C.

The appellant and one other, CHYFRANK NIGERIA Plc., were arraigned before the High Court of Lagos State, Ikeja Judicial Division on a six count charge as follows:-

“STATEMENT OF OFFENCE – 1ST COUNT:

Conspiracy to obtain money by false pretences contrary to Section 8 (a) and 1 (3) of the Advance Fee Fraud and other Fraud Related Offences Act No. 13 of 1995 as amended by Act No. 62 of 1999.

PARTICULARS OF OFFENCE:

Frank Amah and Chyfrank Nigeria Plc, and others still at large on or about 1st day of February, 2005 at Ikoyi Lagos within the Ikeja Judicial Division of the Lagos State High Court with intent to defraud, did conspire to obtain money from Mr. Donatus Duru by false pretence.

STATEMENT OF OFFENCE – 2ND COUNT:

Obtaining money by false pretences contrary to Section 1 (3) of the Advance Fee Fraud and Other Fraud Related Offences Act No. 13 of 1995 as amended by Act No. 62 of 1999.

PARTICULARS OF OFFENCE

Frank Amah and Chyfrank Nigeria Plc and others still at large on or about 3rd day of March,

1

2005, at Ikoyi, Lagos within the Ikeja Judicial Division of the Lagos State High Court with intent to defraud, fraudulently induced Mr. Donatus Duru to pay the sum N7,300,000 (Seven Million Three Hundred Thousand Naira) into the account of Federal Government Implementation Committee, under a false pretence, that you were engaged by Abubakar Mallam, Deputy Controller of Custom to sell House No. 7 Bell Avenue Lagos which you falsely stated was officially allotted to the said Abubakar Mallam which pretences you knew were false.

STATEMENT OF OFFENCE – 3RD COUNT

Obtaining money by false pretences contrary to Section 1 (3) of the Advance Fee Fraud and Other Fraud Related Offences Act No. 13 of 1995 as amended by Act No. 62 of 1999.