Nurudeen Adewale Arije V. Federal Republic Of Nigeria (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment)

This as an appeal against the judgment of the High Court of Justice, Lagos State delivered on the 25th May 2009 by M. O. Obadina J, in charge No: ID/78C/2007 wherein the defendant, (now appellant) was convicted on count one of the two count charge and sentenced to ten years imprisonment.

The said appellant was arraigned before the High Court hereinafter referred to as (The trial court) on the 11th July 2007 on a two count information which reads thus:-

“STATEMENT OF OFFENCE – 1ST COUNT

Obtaining goods be 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

Adewale Nurudeen Arije (Alias Ola Rhodes) on or about the 29th December, 2006 at Ikeja within the Ikeja Judicial Division with intent to defraud, obtained three (3) cartons containing forty nine (49) packets of Kingston Technology Value RAM with each packet containing twenty five (25) piece each worth about N16 million which goods were earlier fraudulently ordered by you from WESCO a United States of America based company and shipped on your behalf by Morocargo UK Limited through Basmak Cargo Service Nigeria Limited and which goods were collected by you from Basmak Cargo Services Nigeria Limited, Ikeja by false representation that you are Ola Rhodes, the consignee.

STATEMENT OF OFFENCE – 2ND COUNT

Attempt to obtain goods by false pretences contrary to Sections 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

Adewale Nurudeen Arije (Alias Ola Rhodes) on or about the 29th December, 2006 at Ikeja within the Ikeja Judicial Division with intent to defraud, attempted to obtain 22 pieces of inkjet print cartridges valued at about US$45,000 which goods were earlier ordered and fraudulently procured by you from Communications Supply Corporation, 909 Ventures Way, Chesapeake Virginia, United States of America which goods were shipped on your behalf by Morocargo U.K. Limited through their Nigeria affiliate, Basmak Cargo Services Nigeria Limited.”

The Respondents case was that the Appellant posing as one Mr. Ola Rhodes, obtained 3 cartons containing 49 packets of Kingston Technology value RAM, with each packet containing 25 pieces and worth about N16 million each.

The Appellant was said to have ordered the said goods from WESCO, a United States based company and the said goods were shipped to MOROCARGO U.K. Limited in England and from there they were finally reshipped to the Appellant under a false identify through Basmak Cargo Services Nigeria Limited, Lagos.

The Appellant collected the goods from Basmak Cargo Services Nigeria Limited, which goods were subsequently recovered from his residence in the course of investigation.