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  • 2017-12-15
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Yusuf v. F.R.N

MUSA YUSUF
V
FEDERAL REPUBLIC OF NIGERIA
SUPREME COURT OF NIGERIA


OLABODE RHODES-VIVOUR JSC (Presided)
MARY UKAEGO PETER-ODILI JSC
CLARA BATA OGUNBIYI JSC
AMIRU SANUSI JSC
SIDI DAUDA BAGE JSC (Read the Lead Judgment)

SC. 3124/2017
FRIDAY, 15 DECEMBER 2017

APPEAL - Findings of facts by two lower courts - Where concurrent - Attitude of appellate court to
CRIMINAL LAW AND PROCEDURE - Conspiracy - Convicting an accused for with co-conspirators still at large -
Propriety of
CRIMINAL LAW AND PROCEDURE - Conspiracy - Offence of - How proved
CRIMINAL LAW AND PROCEDURE - Conspiracy - Offence of - Nature of

CRIMINAL LAW AND PROCEDURE - Criminal conspiracy - Offence of - Proof of - Ingredients prosecution must
establish therein
CRIMINAL LAW AND PROCEDURE - Discharge and acquittal - Party seeking as granted a co-accused inspite of
overwhelming evidence against - Impropriety of
CRIMINAL LAW AND PROCEDURE - Offence - Commission of - Where two or more persons are alleged with - Proper
procedure applied by court
CRIMINAL LAW AND PROCEDURE - Sentence - Minimum sentence provided by statute - Whether a court is seised
with jurisdiction to impose below - Section 1(3) of the Advanced Fee Fraud and other related Offences Act, 2006
and section 15 of the Court of Appeal Act construed
STATUTE - Advanced Fee Fraud and other related Offences Act, 2006, section 1(3) - Minimum sentence thereunder -
Whether court seised with jurisdiction to impose

Issue:
Whether the court below was right when it affirmed the conviction of the appellant for the offence of obtaining by
false pretence under section 8(a) of the Advanced Fee Fraud and other Fraud Related Offences Act, 2006.

Facts:
The appellant was arraigned before the High Court of Kebbi State alongside one Alhaji Mohammed Arzika Darkingari on a
20 count charge for offences related to fraud, contrary to section 8(a) of the Advanced Fee Fraud and other Fraud Related
Offences Act, 2006 and punishable under section 1(3) of the same law. The appellant was found guilty at the end of trial and
sentenced to 6 months imprisonment.
Aggrieved, the appellant appealed. The Court of Appeal reviewed his sentence upward from 6 months to a seven year
imprisonment term.
Aggrieved still, the appellant appealed to the Supreme Court, challenging the decision of the Court of Appeal affirming his
conviction for the offence of obtaining by False pretences as provided by section 8(a) of the Advanced Fee Fraud and Other
Related Offences Act, 2006.

Part 938