3. Whether there was intervention by a third party.
On the other hand, Mr. Sylvanus Tahir, on behalf of the prosecution posed
one issue for determination, to wit:
Whether from the overwhelming oral and documentary evidence
adduced by the prosecution, the prosecution has proved the
ingredients of the offence as contained in the charge against the
defendants beyond reasonable doubt as required by section 135 of
the Evidence Act, 2011 [as amended].
In the two counts, the defendants are charged under section 1[1] of the
Advance Fee Fraud and Other Fraud Related Offences Act. It provides:
Notwithstanding anything contained in any 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;
[b]
……………………………....….
[c]
………………………………….
is guilty of an offence under this Act.
Section 1[3] of the said Act provides:
A person who is guilty of an offence under subsection [1] or [2] of this
section is liable on conviction to imprisonment for a term of not less than
ten years without the option of a fine.
9