See: ONWUDIWE v FRN (2006) 10 NWLR (Pt. 988) 382, per Niki Tobi, JSC at
page 432; OFONEME ENUKORA v FEDERAL REPUBLIC OF NIGERIA, Suit No:
CA/E/13C/2016, delivered by Court of Appeal, Enugu Division on Wednesday,
the 30th day of November, 2016, per Ogunwumiju, JCA at (Pp. 18-19, Paras. CA); and STATE v AJULUCHUKWU & ANOR (2010) LPELR-5028(CA), per Akeju, JCA
(Pp.16-18,Paras F-A);
In the instant case, PW1, Dozie Ogbonna, who was the victim, had in his evidence
reproduced above not only given a succinct account of what transpired between
him and the Defendant with the others now at large, the Defendant himself had
in his three confessional statements to the DSS and EFCC (Exhibits PW2A, PW3A
and PW3B) clearly stated how himself and his fellow gang members had by false
pretence defrauded PW1, Dozie Ogonna, of the total sum of over N2 Million.
In Exhibits PW2A, PW3A and PW3B, the Defendant not only confessed that he is
a member of a 419 group operating in Abuja Metropolis with their base in Dape
where they meet, he had given a vivid account in his three statements as to how
himself and his other syndicate members lured Dozie Ogbonna pretending to be
able to remove charms some money stolen and available to be shared and then
defrauded Mr. Dozie Ogbonna of a total sum of N2,514,000.00 (Two Million, Five
Hundred and Fourteen Thousand Naira) which he paid to the Defendant in
instalments. Exhibits PW3C and PW3D, the statements of account of Dozie
Ogbonna with GTBank and Ecobank substantiate the fact that Mr. Ogbonna acted
on the false pretence and deceit of the Defendant and his gang members to
withdraw monies from his account and handover same to the Defendant.
31