statements of the Defendant made at DSS and EFCC, as well as Exhibits PW3C
and PW3D, the statements of account of PW1 at GTB and Ecobank respectively,
have clearly established the ingredients of obtaining under false pretence against
the Defendant. Counsel explained that the facts adduced go to show that the
Defendant and others at large knew that there was no charm money in the car;
that they knew that they do not have the ability to remove the charm in the
supposed bag full of dollars; and the Defendant collected a total sum of
N2,514,000.00 (Two Million, Five Hundred and Fourteen Thousand Naira) from
PW1 when he knew there was no money anywhere that was charmed and he
does not have the ability to break charm on any money.
Learned Counsel drew the attention of the Court to the facts that the Defendant
had admitted in his confessional statements that he was a member of a 419
group and their sole aim was to obtain money from their victims. Citing
ONWUDIWE v FRN (supra) at page 811, para. A – C, Counsel submitted that there
is no doubt that the amount of N2,514,000.00 (Two Million, Five Hundred and
Fourteen Thousand Naira) which the Defendant and others at large obtained
from PW1 is capable of being stolen and it is clear from the evidence that the
Defendant and others now at large induced PW1 under false pretence to pay to
them the said amount of money. Relying on ABEKE v STATE (supra) at page 659,
paras. E – F, Counsel urged the Court to hold that the Prosecution had proved the
Charge against the Defendant beyond reasonable doubt.
Counsel pointed out that the Defendant jumped bail and as a result he neither
cross examined any of the Prosecution witnesses nor called any witness in his
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