CASE TITLE: NZUBE v. STATE (2026) LPELR-83764(CA)
JUDGMENT DATE: 16TH APRIL, 2026
PRACTICE AREA: CRIMINAL LAW AND PROCEDURE
LEAD JUDGMENT: JAMES GAMBO ABUNDAGA, J.C.A.
SUMMARY OF JUDGMENT:
INTRODUCTION:
This appeal borders on the offence of obtaining by false pretence.
FACTS:
This appeal is against the the judgment of High Court of Anambra State.
The Appellant received a total sum of N2,400,000.00 (Two Million Four Hundred Thousand Naira) from one Samuel Chinenye lkegbunam under the pretence of performing spiritual work for him, knowing that the said spiritual work is false.
At the High Court, the appellant was charged with a single count charge of obtaining by false pretence. He pleaded not guilty, but the prosecution was able to prove his guilt beyond reasonable doubt. Thus, the High Court convicted and sentenced the Appellant.
The Appellant being dissatisfied with the decision of the High Court, filed this appeal in the Court of Appeal.
ISSUES FOR DETERMINATION:
The Court of Appeal adopted the 3 issues formulated by the Respondent for the determination of this appeal, thus;
i. Whether the learned trial Judge properly evaluated the evidence before him in convicting the Appellant?
ii. Whether the trial Judge was right when he admitted the extrajudicial statement of the Appellant?
iii. Whether there was fair hearing in the trial?
DECISION/HELD:
The appeal was dismissed.
RATIOS:
- APPEAL- INTERFERENCE WITH EVALUATION OF EVIDENCE: Attitude of appellate courts as it relates to interference with evaluation of evidence made by a trial court
- APPEAL- REPLY BRIEF: Purpose of a reply brief; whether a reply brief is meant to re-argue the case of the appellant
- CONSTITUTIONAL LAW- RIGHT TO FAIR HEARING: Principles of fair hearing; when an allegation of denial of right to fair hearing will be held to be untenable
- CRIMINAL LAW AND PROCEDURE- OFFENCE OF OBTAINING BY FALSE PRETENCES: Ingredients of the offence of obtaining by false pretences
- EVIDENCE- CONFESSIONAL STATEMENT: Position of the ACJL/ACJA on video recording of the confessional statement of an accused in the presence of his counsel or person of his choice
- EVIDENCE- TRIAL WITHIN TRIAL: Effect of failure to appeal against the ruling delivered in a trial within trial
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