the Advance Fee Fraud and Other Fraud Related Offences Act
No. 14 of 2006.
Ingredients of offence of obtaining by false
pretence are stated as follows in the case of ONWUDIWE v F.R.N.
(2006) 10 NWLR Pt 988 Pg 382 at 394 where the Supreme Court
stated as follows:
“In order to succeed in the charge of obtaining by false
pretence, the prosecution must prove:
(a)
That there is a pretence
(b)
That the pretence emanated from the accused person.
(c)
That it was false
(d)
That the accused person knew of its falsity or did not
believe in its truth.
(e)
That there was an intention to defraud
(f)
That the thing is capable of being stolen.
(g)
That the accused person induced the owner to transfer
his whole interest in the property.
The offence could be committed by oral communication, or
in writing, or even by conduct of the accused person”.
The evidence of the prosecution witnesses who are the victims of
fraud is overwhelming, their evidence is to the effect that the
accused pretended to have shop to let for them, whereas the
accused did not have any shop to let and the accused knew that
he did not have any shop to let. The whole purpose of allowing
the witnesses to part with their money to him is to defraud the four
witnesses, money collected from the four witnesses are capable of
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