Section 1(1) of the Advance Fee Fraud and Other Fraud Related Offences Act 2006 provides as follows: “1. Obtaining property by false pretence, etc. (1) Notwithstanding anything contained in any other enactment or law, any person who by any false pretence, and with intent to defraud: (a) obtains, from any other person, in Nigeria or in any other Country, for himself or any other person; or (b) induces any other person, in Nigeria or in 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 the medium of a contract induced by the false pretence. commits an offence under this Act.” In order to succeed in a charge of obtaining property by false pretence the prosecution must prove the following ingredients. (a) That there was a pretence; (b) That the pretence emanated from the defendants; (c) That it was false; (d) That the defendant knew of the 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 and (g) That the defendants induced the owner to transfer the property. See AMADI VS. F.R.N. (2008) 18 NWLR Pt. 1119 Pg. 259, ONWUDIWE V. F.R.N. (2006) 10 NWLR (Pt. 988) Pg. 382 at 431 – 432 G – H and ALAKE VS. THE STATE (1991) 7 NWLR Pt. 205 Pg. 567. 11

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