Stanley Odua (Alias Duru Idika) V. The Federal Republic of Nigeria (2002)

LawGlobal-Hub Lead Judgment Report

CHUKWUMA-ENEH, J.C.A.

The appellant in this matter, was found guilty on three counts of a-four count charge by the Miscellaneous Offences Tribunal Zone 1, holden at Lagos. Against the said decision delivered on 23/3/99, the appellant has on 16/10/2000, filed a notice of appeal containing three grounds of appeal. From the three grounds of appeal, three issues have been identified by the appellant, and they are as per his brief of argument, filed in this matter as follows:

“1. Whether the trial Judge was right to have convicted the appellant on the 2nd count of the charge, when there was no evidence in proof of same contrary to the provisions of section 3 of the Advance Fee Fraud and Other Fraud Related Offences Decree No.13, 1995.

2. Whether in the circumstances of this case, the testimony of PW2, exhibits 1-10 and photocopies of exhibits 65, 66 and 67, being documents not certified as true copies in compliance with the provisions of the Evidence Act, 1990, the conviction of the appellant on the 3rd count charge can be sustained if the documents are held inadmissible.
3. Whether the conviction of the appellant can be sustained wherein the trial Judge held that the appellant had in his possession about one million letters, when same was not proved beyond reasonable doubt as required by section 138 of the Evidence Act.”

The respondent filed a brief of argument and also formulated three issues for determination as follows:

“1. Whether the prosecution had proved its case beyond reasonable doubt that the appellant attempted to obtain from Mr. F.N. Fausing the sum of $10,000.00 by false pretence.

2. Whether there was sufficient evidence adduced by the prosecutor at the trial to support the conviction and sentence the appellant on count two of the charge.
3. Whether the prosecution had proved its case as required by law that the appellant with intent to defraud knowingly had in his possession about one million letters containing false pretences.”

The facts of the matter are simple and in this regard the parties are in substantial agreement. One Dr. Idika, by fax, opened communication with one Mr. F.N. Fausing in Denmark for purposes of transferring the sum of $36,561.00 from the NNPC account in Nigeria to Denmark on commission. Mr. Fausing reported the matter to the Nigerian Embassy in Stockholm, Sweden, and was asked to play along with the appellant in the deal. Dr. Idika requested Mr. Fausing for $10,000.00 as gratification for Central Bank officials in Nigeria, so as to facilitate the transfer to be remitted to him at No. 25 Eti-Osa Way, Dolphin Estate, Lagos by the DHL Office, Isolo. Having notified the Nigerian Embassy in Denmark, as well as the Special Fraud Unit of the Nigerian Police Force, of these developments, a parcel purportedly containing the sum of $10,000 was despatched as directed by Dr. Idika. Surveillance was mounted at the DHL office, Isolo, by the police. The appellant came for the parcel and claimed it for Dr. Idika. He was apprehended there and then, with one Clifford Ovywurah, who drove him to the place. An identity card and a driver’s licence, bearing the name of Dr. Idika, recovered on him were collected. The appellant later took the police to his residence, at Block 13, Flat 7, Dolphin Estate, Lagos. On a search conducted in the flat, the police collected some letters addressed to people outside Nigeria. Entries of the items recovered were itemised on the search warrant, which was signed by the police and the appellant. Two other persons met at the said premises/residence were also arrested. The appellant and Clifford Ovywurah were later arraigned before the aforesaid Tribunal on a four-count charge as follows:

“COUNT ONE:

That you, Stanley Odua alias Duru Idika and Ovywurah, on or about the 15th October, 1996, at Dolphin Estate, Ikoyi, Lagos, in the Lagos Zone of the Miscellaneous Offences Tribunal, conspired to obtain the sum of Ten thousand U.S. Dollars($10,000.00) from Mr. F.N. Fausing by false pretence and thereby, committed an offence contrary to section 8(a) and punishable under section 1(3) of the Advance Fee Fraud and other Fraud Related Offences Decree No. 13 of 1995.

COUNT TWO:

That you, Stanley Odua alias Duru Idika and Ovywurah, on or about the 10th October, 1996, at Dolphin Estate, Ikoyi, Lagos, in the Lagos Zone of the Miscellaneous Offences Tribunal, being the occupier or concerned with the management of Block 13, Flat 7, Dolphin Estate, Ikoyi, Lagos, knowingly permitted the said house to be used in preparing, faking and storing letters containing false pretences addressed to people outside Nigeria and thereby, committed an offence punishable under section 3 of the Advance Fee Fraud and other Fraud Related Offences Decree No. 13 of 1995.

COUNT THREE:

That you, Stanley Odua alias Duru Idika and Clifford Ovywurah, on or about the 10th October, 1996, at Dolphin Estate, Ikoyi, Lagos Zone of the Miscellaneous Offences Tribunal, with the intention to defraud attempted to obtain from Mr. F.N. Fausing of Nosgesfack Denmark, the sum of Ten Thousand U.S. Dollars ($10,000) on the false pretence that it was demanded by the Central Bank of Nigeria, to enable them transfer the sum of $36,561.00 from NNPC account, to the F.N. Fausing Nosgesfack and thereby committed an offence contrary to section 8(b) and punishable under section 3 of the Advance Fee Fraud and Other Fraud Related Offences Decree No. 13 of 1995.

COUNT FOUR:

That you, Stanley Odua alias Dum Idika and Clifford Ovywurah on or about the 10th October, 1996, at Block 13, Flat 7, Dolphin Estate, Ikoyi – Lagos, in the Lagos Zone of Miscellaneous Offences Tribunal, with intent to defraud knowingly had in your possession about one million letters, containing false pretences and thereby, committed an offence contrary to section 6 and punishable under section 1(3) of the Advance Fee Fraud and Other Fraud Related Offences Decree No. 13 of 1995.”