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