How to Establish the Offence of Obtaining Money by False Pretences

CASE TITLE: CHUKWUDI v. C.O.P (2023) LPELR-60306(CA)

JUDGMENT DATE: 3RD APRIL, 2023

PRACTICE AREA: CRIMINAL LAW AND PROCEDURE

LEAD JUDGMENT: BALKISU BELLO ALIYU, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on the offence of obtaining by false pretences.

FACTS:

This appeal is against the judgment of the Federal High Court, Uyo, delivered by Hon. Justice Ijeoma L. Ojukwu.

The case against the Appellant and his co-convict, Chike Akwuruoha, was that, between year 2012 and 2014, he defrauded the PW1, by obtaining the sum of N14,950,000.00 from her, under false pretences.

​In defence of the charge, the Appellant maintained that PW1 and his co-convict met on social media and became friends. As time went on, they agreed to get married. In consideration of the marriage agreement and in line with the love they have for each other, PW1 sent gifts to the Appellant’s co-convict.

At the end of the hearing of evidence and after considering the final written addresses of counsel on both sides, the learned trial Judge in a considered judgment found and held that the prosecution proved the charge against the Appellant, convicted him as charged, and sentenced him to five years imprisonment. The trial Court, in addition, ordered him to pay the sum of N3 million to PW1 as restitution.

Aggrieved, the Appellant appealed.

ISSUES:

The Court determined the appeal on a sole issue viz:

Whether the charge was proved before the trial Court beyond a reasonable doubt.

DECISION/HELD:

The appeal was dismissed for lack of merit.

RATIOS:

• CRIMINAL LAW AND PROCEDURE – OFFENCE OF OBTAINING BY FALSE PRETENCES: Elements to be established by the prosecution to sustain a charge of obtaining money by false pretences
• EVIDENCE – CALLING OF WITNESS(ES): Whether in a criminal trial, a host of witnesses is required by the prosecution to achieve proof beyond reasonable doubt
• EVIDENCE – TRIAL WITHIN TRIAL: Whether a party dissatisfied with the decision on a trial within trial must appeal against it and the effect of failure to do so
• EVIDENCE – CONFESSIONAL STATEMENT: Whether a confessional statement recorded before the commencement of the Administration of Criminal Justice Act, 2015 can be impugned for non-compliance with the requirements of the law.

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