under cross-examination, Exhibits P6A and P6B (being extra-judicial
statements made by the accused person to the EFCC) are confessional in
nature and consequently sufficient in law both jointly and severally to
ground the conviction of the accused, placing reliance on NSOFOR v.
STATE [2004] 18 NWLR (PT. 905) 311 B-D, 313 A-D and DIBIE v.
STATE [2004] 14 NWLR (PT. 893) 257 at 286 – 287 H-F.
On behalf of the accused person, it is submitted that the charge is at
variance with the evidence led before the Court. Citing AGBO v. STATE
[2006] 6 NWLR (PT. 977) 545 on the proposition that an accused
person is entitled to an acquittal when there are discrepancies or
contradictions on material points in the prosecution's case which create
some doubt in the mind of the court,
B. L. Tebira, Esq. of counsel
submitted that the evidence adduced by PW2, PW4 and DW1 is to the
effect that the actual amount eventually received by the accused person
from the sale of two plots of land was N2.8m less N230,000 paid to
PW4 as commission, which is at variance with the charge before this
Court that the accused obtained N6.2m from PW1 under false pretences
and with intend to defraud, and as such the accused ought to be
acquitted.
Now Section 1 (1) (a) & (3) of the Advance Fee Fraud and Other
Fraud Related Offences Act, 2006 provides as follows:
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. obtains any property, whether or not the property is
obtained or its delivery is induced through the medium of a
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