Facts
The case arose from a petition to the Economic and Financial Crimes Commission (EFCC) by Alhaji Danlami Abubakar, the PW1, against the Respondent, a civil servant at the Federal Ministry of Works and Housing. The Respondent represented that the Federal Government was offering leasehold on landed properties nationwide and sold three bidding forms to Alhaji Abubakar at ₦15,000.00 (Fifteen Thousand Naira) each. He further induced PW1 to pay ₦4,000,000.00 (Four Million Naira) as commitment fees for three properties in Makurdi. Contrary to his assurances, the Respondent failed to deliver the properties, prompting the petition to the EFCC and the subsequent arrest of the Respondent.
On 7th October 2016, the Respondent was arraigned before the High Court of Benue State, Makurdi, on an amended 11-count charge under the Advance Fee Fraud and Other Related Offences Act, 2006, and the Penal Code, 1963. The Prosecution called five witnesses, including Alhaji Danlami Abubakar, and tendered several exhibits. At the close of the Prosecution’s case, the Respondent applied for an adjournment to enable him make a No-Case Submission. However, after several adjournments, he failed to make a No-Case Submission or open his defence. Consequently, on 19th January 2018, the trial court convicted him, sentenced him to 12 years imprisonment, and ordered restitution in the sum of ₦4,000,000.00 to PW1.
