Precious Ebuindor V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ITA GEORGE MBABA, J.C.A.(Delivering the Leading Judgment)

Appellant filed this appeal on 4/6/2015, having obtained the leave of this Court on 25/5/2015 to appeal against the judgment of Imo State High Court, in charge No. HOR/10C/2010, delivered on 30/06/11 by Hon. Justice L. C. Azuoma, wherein the learned trial judge convicted the Accused persons (including Appellant) on all the counts as charged and sentenced them to ten years imprisonment in each of counts one and two and five years imprisonment, in each of counts three and four, without option of fine, and the sentences to run concurrently, beginning from the date of their remand in prison custody.

Appellant and 4 others were arraigned for the following offences:

?STATEMENT OF OFFENCE ? COUNT I

Conspiracy contrary to Section 8 of the Advance Fee Fraud and other related offences Decree No. 13 of 1995, Laws of Federation as amended by Decree No. 62 of 1999 as applicable to Imo State of Nigeria.

Particulars of Offence:

Chukwudi Nwachukwu aka Ogbuchi, Okori Chinedum, George Okolo, Precious Ebuindor, Monday Azuka and others at large on the 8th day of

1

February, 2010 along Amaigbo Road, Orlu Judicial Division conspired amongst yourselves to commit a felony, to wit: obtaining money under fraudulent pretence.

STATEMENT OF OFFENCE ? COUNT II

Obtaing money By False Pretence contrary to Section 1 (3) of the Advance Fee Fraud and other related offences Decree No. 13 of 1995, Laws of Federation of Nigeria as amended by Decree No. 62 of 1999 as applicable to Imo State of Nigeria.

Particulars of Offence:

Chukwudi Nwachukwu aka Ogbuchi, Okori Chinedum, George Okolo, Precious Ebuindor, Monday Azuka and others at large between 8th and 9th of February, 2010 at Umuoma Umuorji Mgbidi within Orlu Judicial Division Fraudulently obtained from one Miss Ngozika Agbalizu the sum of ?1,180,500.00 (One million, one Hundred and Eighty Thousand and five hundred Naira) with the pretence that you will use the said sum to procure dollar currency that is worth ?50,000,000.00 (fifty million Naira) for her, representation which you knew to be false.

STATEMENT OF OFFENCE ? COUNT III