Joseph Morah V. Federal Republic Of Nigeria (2018)

LAWGLOBAL HUB Lead Judgment Report

KUMAI BAYANG AKA’AHS, J.S.C.

This is an appeal against the decision of the Court of Appeal, Abuja Division delivered on 29 January, 2015 dismissing the appeal of the appellant from the decision of the High Court of the Federal Capital Territory, Abuja. The judgment of the High Court was delivered on 8 October 2013.

The appellant was the 2nd accused in Charge No.CR/07/06 wherein he stood trial with John Obiamalu (1st accused) on an amended 3 count charge which reads as follows:-

COUNT ONE

That you John Obiamalu, Joseph Morah, Elvis Ezeani (now at large) and Sani Musa (now at large) on or about the 25 day of May 2006 at Abuja in the Abuja Judicial Division of the High Court of the Federal Capital Territory did agree among yourselves to commit illegal act to wit: Obtaining money under false pretence, and thereby committed an offence contrary to Section 8 (a) of the Advance Fee Fraud and other Fraud Related Offences Decree No. 13 of 1995 as amended by the Tribunals (Certain Consequential Amendments etc) Decree No. 62 of 1999 and punishable under Section 1 (3) of the same Decree.

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COUNT TWO

That you John Obiamalu, Joseph Morah, Elvis Ezeani (now at large) and Sani Musa (now at large) on or about 25 day of May 2006 at Abuja in the Abuja Judicial Division of the High Court of the Federal Capital Territory did with intent to defraud obtain the sum of N13,500,000.00 (Thirteen Million, Five Hundred Thousand Naira only) from one Awalu Abdulrahman by false pretence, as value for the transfer of the sum of $250,000.00 US Dollars to him through his brother, one Alhaji Nurudeen, resident in Ghana 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 Decree No. 13 of 1995 as amended by the Tribunals (Certain Consequential Amendments etc) Decree No. 62 of 1999.

COUNT THREE

That you John Obiamalu, Joseph Morah, Elvis Ezeani (now at large) and Sani Musa (now at large) on or about the 25 day of May, 2005 at Abuja in the Abuja Judicial Division of the High Court of the Federal Capital Territory did with intent to defraud obtain the sum of $143,620 (one hundred and Forty Three Thousand, Six Hundred and Twenty US Dollars) from one Awalu

2

Abdulrahman by false pretence, as value for the transfer of the sum of $250,000 US Dollars to him through his brother, one Alhaji Nurudeen, resident in Ghana 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 Decree No. 13 of 1995 as amended by the Tribunals (Certain Consequential Amendments etc) Decree No. 62 of 1999.

The 1st accused and the appellant pleaded not guilty to the charge. Thereafter the prosecution called 5 witnesses. The appellant and the 1st accused each testified and called no other witness for their defence. The trial Court delivered its judgment on 7 October, 2013 convicting the appellant on each of the three counts and sentenced him to 10 years imprisonment on each count. The sentences were to run concurrently.

Being dissatisfied with the judgment, the appellant appealed to the Court of Appeal, Abuja and the appeal was dismissed. The appellant further appealed to this Court in his Notice of Appeal dated 24 February, 2015 which contained four grounds of appeal (See: pages 497-501 of the records). Tawo E. Tawo SAN learned senior