Mike Amadi Vs Federal Republic Of Nigeria (2008)

LAWGLOBAL HUB Lead Judgment Report

M. MUKHTAR, J.S.C.

In an amended information before the High Court of Lagos State holden at Ikeja, the appellant was arraigned and charged with the following offences:

Statement of Offence – 1st Count

Attempt to obtain money by false pretence contrary to Sections 5(1), 8(b) and 1(3) of the Advance Fee Fraud and other Fraud Related Offences Act, Cap A6, Vol. 1, Laws of the Federation of Nigeria, 2004.

Particulars of Offence

Mike Amadi sometime in February,2004, at No. 15, Irepodun Street, Akiode Ogba, Lagos with intent to defraud, attempted to obtain the sum of US$125,000.00 (One Hundred and Twenty-Five Thousand United States Dollars) from Fabio Fajans by sending a payment schedule containing false pretence to the said Fabio Fajans to wit: requested for money to enable you process the transfer of Two Million, Five Hundred Thousand United State Dollars ($2.5 Million USD) being the contract sum for the generators Fabio Fajans was purported to have supplied to the Federal Government of Nigeria for the All African Games,2003 and by falsely representing to the said Fabio Fajans that the said sum of US$125,000.00 represent the five percent (5) processing fees of the total contract sum of USD 2.5 Million.Statement of Offence – 2nd Count

Forgery contrary to Section 467(2)(c) of the Criminal Code Cap. C 17, Vol. 2, Laws of Lagos State of Nigeria, 2003.

Particulars of Offence

Mike Amadi on or about the 6th day of January,2004, at Lagos within the Ikeja Judicial Division with intent to defraud and in order to facilitate your obtaining money by false pretence from Fabio Fajans, forged Central Bank of Nigeria International Payment Schedule purported to have been issued by the Central Bank of Nigeria.

Statement of Offence – 3rd Count

Uttering forged document contrary to Section 468 of the Criminal Code, Cap. C17, Vol. 2, Laws of Lagos State of Nigeria, 2003.

Particulars of Offence

Mike Amadi on or about the 6th day of January,2004, at Lagos within the Ikeja Judicial Division with intent to defraud and in order to facilitate your obtaining money by false pretence from Fabio Fajans knowingly and fraudulently uttered forged Central Bank of Nigeria International Payment Schedule to one Fabio Fajans as genuine.

Statement of Offence – 4th Count