personates any other person holding such office and in such
assumed character does or attempts to do any act under colour of
such office, shall be punished with imprisonment for a term which
may extend to three years or with fine or with both”.
Section 8(a) of the Advance Fee Fraud and Other Related Offences Act states:
“A person who conspires with aids, abets or counsel’s any other
person to commit an offence or...”
The first count is that the Defendant pretended to be an Operative of the EFCC and
demanded One Million Naira from PW2 DR PRECIOUS GBENEOL a former
Hon. Secretary Health and Human Service Secretariat as bribe to cover or do away
with a Petition against her. The evidence of PW2, the Nominal Complainant is
that she got a text on her phone saying that the person calling her is Eagle Eye and
that there are 6 to 8 Petitions transferred to EFCC under his care. That he has
verified the Petitions and that if she wants the case closed, she should pay N1
Million to his Account. He supplied the Account Number and the Name of the
Defendant as the Account Name. She agreed under cross-examination that she still
has the phone to which the text message was sent. That she does not have the text.
She confirmed she had not seen the Defendant until that day in Court. That EFCC
showed her the picture of the Defendant with name attached and she said she had
not seen him before.
From the evidence above, the person who sent the purported text to PW2
introduced himself as eagle eye. He purportedly has 6 to 8 Petitions written
against PW2 the Nominal Complainant to the EFCC under his custody. The
evidence of PW1 is a rehearsal of Exhibit A the PW2’s Petition except that
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