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

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