the Defendant himself gave in Exhibit PW3B as Ataye, Nnamdi, Peace and Linda to do an unlawful act, namely obtain money by false pretence from Dozie Ogbonna, PW1. I therefore, hold that the Prosecution had proved the first count of criminal conspiracy against the Defendant in this case beyond reasonable doubt. As regards the second count of obtaining by false pretence, Section 20 of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006 defines false pretence as: a representation, whether deliberate or reckless, made in word, writing or conduct, of a matter of fact or law, either past or present, which representation is false in fact or law, at which the person making it knows to be false or does not believe to be true. It is settled that to succeed in a charge of obtaining by false pretence, the Prosecution must establish beyond reasonable doubt that: (i) that there was a pretence; (ii) that the pretence emanated from the Defendant; (iii) that it was false; (iv) that the Defendant knew of its falsity or did not believe in its truth. (v) that there was an intention to defraud; (vi) that the thing is capable of being stolen; (vii) that the accused person induced the owner to transfer his whole interest in the property. 30

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