ENUKORA V FRN


In the Supreme Court


On FRIDAY, 12TH JANUARY, 2018


SC.217/2017


Before Their Lordships

KUMAI BAYANG AKAAHS JSC JSC

CHIMA CENTUS NWEZE JSC JSC

EJEMBI EKO JSC JSC

SIDI DAUDA BAGE JSC (Delivered Lead Judgment) JSC

MUSA DATTIJO MUHAMMAD JSC JSC

Between

OFONEME ENUKORA

And

FEDERAL REPUBLIC OF NIGERIA


Issue:

This is an appeal against the judgment of the Federal High Court sitting at Awka delivered on 13th May 2015 convicting and sentencing the appellant in respect of charge No. FHC/AWK/14C/2015. The appellant was prosecuted for the offence of obtaining money by false pretences. In addition to the seven years imprisonment without an option of fine, the trial Court ordered the appellant to refund the sum of four and a half million naira (N4, 500,000.00k) he falsely obtained to his victim. Aggrieved, the appellant filed his notice of appeal against the trial Court's judgment on 26thMay 2015 to the Court of Appeal. The appeal was found unmeritorious and dismissed by the Court, hereinafter referred to as the lower Court. He has further appealed to this Court vide a notice dated the 25th but filed on the 27thof February, 2017 containing two grounds. ISSUES: "(i) Whether the trial Court had the jurisdiction to entertain the charge (s) against the appellant? (Ground 1). (ii) Whether the Court below was right in holding that the prosecution proved the ingredients of the charge in count 2 beyond reasonable doubt."

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