they lured the nominal Complainant and her husband, by the
evidence of PW3 was a trick to convince the nominal complainant
and her husband to part with N20,000,000.00, the purported
facilitation fee. Accordingly to PW3 the 1st, 2nd and 3rd Defendants
refused or failed to present the draft cheques to Ad-hoc
Committee as confirmed by PW2.
Accordingly I hold the view that the prosecution has adduced
credible evidence to prove the offence of conspiracy contrary to
section 8 (a) and punishable under section 1(3) of the Advance
Fee Fraud and other Related Offences Act against the 1st, 2nd and
3rd Defendants beyond reasonable doubt and I so hold.
Count two (2)
and three (3) of the amended charge, the
Defendants are alleged to have committed an offence contrary to
section 1(1) (a) of the Advance Fee Fraud and other related
Offences Act, 2006 and punishable under section 1(3) of the
same Act. Section 1(1) of the Act provides:“1(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) Obtain 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.
For the prosecution to succeed against the Defendants, the
following ingredients must be established by the prosecution
against the Defendants beyond reasonable doubt:
(1) That there was a pretence;
(2) That the pretence emanated from the accused person;
(3) That it was false
(4) That there was intention to defraud;
(5) That the thing is capable of being stolen
(6) That the accuse person induce the owner to transfer his
whole interest in the property.
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