With respect to Counts 24, 25, 26 and 27 which is the offences
under the Advance Free Fraud and Other Fraud Related
Offences, the prosecution must establish the following ingredients:
1. That there was a false pretence made by the accused
person.
2. That the accused person obtained property as a result of the
false pretence from the said person.
3. That the accused did same with intent to defraud.
See IJUAKA v C.O.P. (1976) 6 SC 99; R v JOHN JAMES SULLIVAN 30
CR APP, R 132.
It is submitted that there is evidence before this court that the
accused person presented Exhibit A, B, C, G, D, E and F to the
Bank on the false pretence that the said Exhibits were made or
written, signed and issued by Mohammed Abubakar the account
holder or owner, knowing very well that it is not true.
Court is
referred to the confessional statement of the accused person,
where the accused admitted that the writing and signature on
the cheques and confirmation letters were that of Ojeyinka
Omotosho (now at large) but not that of Mohammed Abubakar
the account owner.
It is also in evidence that the accused obtained by false pretence
from United Bank for Africa Plc the sum of N1,450,000.00 which was
paid to him in four instalments having presented Exhibits A, B, C, D,
E, F and G to the bank on the pretence that the said Exhibits were
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