CaseLaw
Osareren V. FRN (2018) CLR 2(r) (SC)
Judgement delivered on 23rd of February, 2018
Brief
Facts
The Appellant was the 1st accused person in the charge No. FHC/B/57C/2011 before the Federal High Court, Benin City. The eleven (11) count charge alleged that the Appellant and two others conspired to commit the offence of obtaining money from an American, Cynthia Taylor (F), by false pretences, and that they committed various offences of obtaining by false pretences various sums of money on diverse dates between May and December, 2008. The Appellant and two others pleaded not guilty to the charges. Thereafter two witnesses testified and tendered several documents. At the close of the prosecution's case, and before the accused persons opened their defence, the prosecution submitted amended charge to which the three accused persons, each, pleaded "not guilty" afresh to each of the 11 charges. Thereafter the accused persons, particularly the appellant as the 1st Accused, each entered his defence.
At the close of the defence and the final addresses of the respective counsel for the prosecution and the defence the trial Federal High Court reserved its judgment to 13th June, 2016. It delivered the reserved judgment on the said 13th June, 2013.
The three accused persons were all convicted and sentenced to various terms of imprisonment. Finding that the prosecution had proved their case against the appellant herein, as the 1st Accused, on each of the 11 charges, the trial Court convicted him on all the 11 charges. The appellant lodged his appeal against his conviction on 20th June, 2013, on five grounds to the Court of Appeal (hereinafter called the "Court below"). The Notice of Appeal was subsequently amended with the grounds of appeal increased from 5 to 12 in the amended Notice of Appeal at the Court below.
The appellant's appeal was heard by the Court below. It was on 16th July, 2014 dismissed in its entirety. The appellants conviction and sentence were affirmed by the Court below: hence this further appeal.