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.
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