Ofoneme Enukora V. Federal Republic Of Nigeria (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HELEN MORONKEJI OGUNWUMIJU, J.C.A.(Delivering the Leading Judgment)

This is an appeal against the judgment of Hon. Justice I.B. Gafar of the Federal High Court, in Charge No. FHC/AWK/14C/2012 delivered on 13/5/2015 convicting and sentencing the Appellant to seven years imprisonment without an option of fine for the offence of obtaining money by false pretences. In addition, the Court ordered the refund of the sum of N4,500,000.00 found falsely obtained to the complainant.

The facts leading to this appeal are as follows:

?The Respondent filed a Two Count Amended Charge against the Appellant and another for the offences of Conspiracy and Obtaining the sum of N4,500,000.00 by False Pretence contrary to Sections 8 (A) and 1 (1) (A) of the Advance Fee Fraud and Other Related Offences Act, 2006 and punishable under Section 1 (3) of the same Act. The Appellant was convicted only on the 2nd count set out below:-

That you Ofoneme Enukora and Maureen Umeokana sometime on or about the 22nd day of April 2009 at Awka, Anambra State, within the jurisdiction of the Federal High Court of Nigeria, with intent to defraud, Obtained

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the sum of N4,500,000.00 (Four Million Five Hundred Thousand Naira only) from one Hon. Chukwuma Umeoji when you falsely represented yourself to be the owner of a plot of land situate and lying at Abeokuta Area of Amuda village by Aroma Junction Awka South Local Government Area of Awka, which pretence you knew to be false and thereby committed an offence contrary to Section 1(1)(b) of the Advance Fee Fraud and Other Related Offences Act No. 14 of 2006 and punishable under Section 1(3) of the same Act.

The Complainant (PW4) was approached by DW5 (2nd Accused Person at the trial Court) who told him that the Appellant had a plot of land for sale for the sum of N4,500,000.00 (Four Million Five Hundred Thousand Naira). PW4 indicated his interest to buy the said piece of land and instructed his Personal Assistant (PW1) to inquire about the genuineness of the land and pay for same if satisfied that the land was not encumbered. PW1 subsequently met with the Appellant and DW5 and they both assured PW1 that the land was not encumbered.

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Consequent upon the assurance of DW5, PW4 instructed PW1 to pay the sum of N4,500,000.00 (Four Million, Five Hundred Thousand

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Naira) to the Appellant. A purchase agreement was subsequently executed in respect of the land with the Appellant.

PW4 thereafter mobilized workers to start construction on his newly acquired property but his labourers were chased away from the land by the family of Onuorah who informed PW4 that the land belonged to one Mr. Onuorah who died in 1996. PW4 was told that the wife of the said Mr. Onuorah, Mrs. Esther Onuorah,inherited the land after the death of her husband.

PW4 consequently petitioned the EFCC after efforts at getting a refund from the Appellant failed. The Appellant was charged along with DW5 at the trial Court and while the Appellant was convicted on the second count, DW5 was discharged and acquitted of both counts of Conspiracy and Obtaining by False Pretences.