offences created under Section 1(1) and (2) of the Advance Fee Fraud and Other
Fraud Related offences Act 2006. The Charge is therefore bad. Aside the above,
there is no material before me to suggest that the Defendant attempted to obtain
money from PW2, the Nominal Complainant under false pretence.
The text
message allegedly sent to make the demand is not before the Court. There is no
evidence of the link between the text message and the owner of the phone which
sent the text. The admission of the Defendant that the GTBank Account Number
and Name is his is not enough to establish the offence for which the Defendant is
charged.
The Prosecution in my humble view has also failed to prove Count II of the Charge
beyond reasonable doubt. For the totality of reasons given, the Prosecution has
failed to prove the Charge beyond reasonable doubt. The Charge fails and it is
dismissed.
The Defendant is accordingly discharged and acquitted.
---------------------------------------HON. JUSTICE U.P. KEKEMEKE
(HOH. JUDGE)
17/01/17
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