(b) induce any other person, in Nigeria or any other country, to deliver to
any person; or
(c) obtains any property, whether or not the property is obtained or its
delivery is induced through t he medium of a contract induced by the
false pretence, commits an offence under this Act.”
The above provision appears to me clear. In understanding its correct import, it is
important to situate what false pretence connotes. Section 20 of the same Act
defines false pretence as follows:
“false pretence” means a representation, whether deliberate or reckless, made
by word in writing or by conduct, of a matter of fact or law, either past or
present, which representation is false in fact or law, and which the person
making it knows to be false or does not believe to be true.”
Learned counsel to the prosecution has in his address and relying on the above
provisions and decided cases set out the key ingredients needed to be established in
proof of this count. In Ijuaka V. C.O.P (1976) 6 SC 99, the Supreme Court
instructively stated as follows:
“In order that a person may be convicted of that offence, it has been said
hundreds of times that it is necessary for the prosecution to prove to the
satisfaction of the jury that there was some mis-statement which in law
amounts to a pretence, that is, a mis-statement as to existing fact made by the
accused person; that it was false and false to his knowledge; that it acted upon
the mind of the person who parted with the money; that the proceeding on the
part of the accused person was fraudulent. That is the only meaning to apply
to the words with intent to defraud.”
Having delineated from the above decision, the necessary elements of the offence,
the simple, albeit delicate task and I have already alluded to it, is to examine the
evidence led by the prosecution witnesses in the light of the legal ingredients
required to establish the offence for which the defendant was charged. It is settled
that the before a conclusion can be arrived at that an offence has been committed
by an accused person, the court must look for the ingredients of the offence and
ascertain critically that the acts of the accused person come within the confines of
the particulars of the offence charged. See Amadi V. State (1993)8 NWLR
(pt.314) 646 at 664.
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