CaseLaw
This is an appeal against the decision of the Court of Appeal, Lagos Division delivered on the 25th day of February, 2016 wherein the court below dismissed the appeal of the appellant herein. The learned trial Judge of the Lagos State High Court had earlier convicted and sentenced the appellant to ten (10) years in prison in aggregate for the offences of conspiracy to obtain money by false pretense, obtaining money by false pretense, forgery and uttering of false document contrary to section 8 (a) and 1 (3), of the Advance Fee Fraud and other Fraud Related Offences Act, sections 467 (1) (b) and 468 of the Criminal Code Cap C17 Vol.2 Laws of Lagos State of Nigeria respectively. A brief fact of the case will suffice.
The case against the appellant at the trial court was presented through eleven (11) witnesses and seventy - one (71) documentary exhibits, whilst the appellant tendered eight (8) documentary Exhibits through the witnesses called by the Respondent and rested his case on the evidence adduced by the Respondent.
The gist of the evidence against the appellant is that he acted in league with other persons and obtained various sums of money totaling $397,800 from one Mr. Puchstein, a German, on the pretext that Mr. Puchstein's Company, Deramic Company, would be awarded contract to supply and install computers, printers and office equipment to the Federal Ministry of Mines and Power which was never awarded, nor the monies so obtained by the appellant returned to Mr. Puchstein; and that the appellant forged/uttered a false document relating to the alleged transaction. At the close of the Respondent's case, the appellant and his co-defendant made a No case submission which was rejected and they were ordered by the trial court to enter their defense.
Rather than enter a defense, the appellant rested his case on the case presented by the respondent. The trial court accepted the one sided evidence as adduced by the Respondent upon which it convicted and sentenced the appellant to ten years in prison cumulatively for the offences herein before stated. The appellant was convicted on counts 1, 5, 6, 15, 16, 31 and 32 of the charge. The trial court also made restitution order against the appellant.
Dissatisfied with the stance of the learned trial Judge, the appellant lodged an appeal at the court below and in a judgment delivered on 25th February 2016; the Court of Appeal upheld the decision of the trial court.
Again, the appellant is not satisfied with the decision of the Court of Appeal. He has further appealed to this court.