₦airaland Forum

orion7:
evrutin na intent to defraud. efcc is just wasting our time. a useless lawyer that even failed in law school will spring this azzez boy out in no time




I thought they had shit on him

Lols not that he defrauded, hahaha even in countries that don't spare fraudsters people walk from cases like this. Naira should do and come out joor we need more music.

Do you know what a charge sheet is?

jrusky:
Pls what kind of write up is this from EFCC? Pls where is the evidence? Honestly I was thinking EFCC is going to drop something tangible as evidence but I'm disappointed to read *he obtained a card number blabla issued to him to defraud* and that is all. EFCC are you mad or mad is Madden you

What kind of nonsense is This

Sterope:
Do you know what a charge sheet is?

I don't know mr barrister in law kindly explain better.

And remember to explain why duplicating same charge 11 time using different phrases.

jrusky:
Pls what kind of write up is this from EFCC? Pls where is the evidence? Honestly I was thinking EFCC is going to drop something tangible as evidence but I'm disappointed to read *he obtained a card number blabla issued to him to defraud* and that is all. EFCC are you mad or mad is Madden you

What kind of nonsense is This

That is a charge sheet.

Tesclaros:
bro that is killing, the intention to kill is different from intention to steal. Imagine i visited a site and mistakenly download credit card info to my system. Without even knowing what it means and even when it was deleted, forensic test retrieved the files back telling the court i had intent to use it and defraud people. For real? For what i got and made away with without even using it? Wow!

Ever heard the term "Ignorance is not an excuse in the court"?




Steer clear of anything incriminating

jrusky:
I don't know mr barrister in law kindly explain better.

And remember to explain why duplicating same charge 11 time using different phrases.

Get the Cyber Crimes Act and read section by section.

Or better still, read the charge sheet (with emphasis on the sections and not the charges).

[quote author=shaklisco post=78463711][/quote]I didn't intend writing 'grab'. I wrote gbab intentionally. Gbab is pigeon English for grab. those who lived in Lagos in my time can relate. Maybe not you.

It is because there are rules for drafting a charge sheet, each count is a different offence. I hope they nail him for a very long time.

jrusky:
I don't know mr barrister in law kindly explain better.

And remember to explain why duplicating same charge 11 time using different phrases.

orion7:
evrutin na intent to defraud. efcc is just wasting our time. a useless lawyer that even failed in law school will spring this azzez boy out in no time




I thought they had shit on him

lol...ur ignorance is astonishing.....i swear

All intent....where is the proof that he withdrew illegitimate funds, or made proceeds from the act of cyber crime, a case in intent, without proof of crime being committed is quite light, all depends on what the law proscribes..intent to commit crime, is an offence on its own, in some statutes...

#not supporting yahoo, just want everyone to have a fair case and trial...

brainhgeek:
I didn't intend writing 'grab'. I wrote gbab intentionally. Gbab is pigeon English for grab. those who lived in Lagos in my time can relate. Maybe not you.

No be lagosian, he no fit decipher

helphelp:
Let's see how this unfolds, a very good lawyer would win this case for naira without a flinch.

You need something concrete to nail a criminal. Not all these intent intent nonsense

Depends on what the law states, being in possession of a card, that don't belong to you, kinda shows you have ill intentions...some laws have provisions for offence that bothers on 'intent'... albeit it is a much lighter case compared to when evidence of proceeds of said crime/offence is traced to 'suspect'

Ewedegubbler:
No case here.. EFCC is a totally hopeless organization. Anybody who has lived abroad and understand the credit card laws and regulation will easily win this case even without a lawyers representation...

EFCC na mumu guys. Do they even understand that for them to score a conviction here, the owner must be present in court to testify that his card was used and his card company will also corroborate it?

Oga case never start Una don already dey analysis nonsense.

Do you expect EFCC to bring everything out in public?
Wait till on Monday when the court will decide.

Olufela30:
So Rahman Jago and Zlatan don't av exhibit in their Phone n system... .

Nigeria n corruption na 5/6...

ab I ooooo

Freehuman:
Nigerian will watch the Suits series without any legal background and begin shouting "a good lawyer will get him out".

Well, in a criminal trial the prosecution needs to prove men's rea and actus reus. Men's rea means criminal intent and actus reus means the act.

Ironically, the criminal intent is more important than the act in prosecution because a "child" and "lunatic" who commit the most gruesome crime would not be convicted because of the assumption of the law that they lack criminal intent.

Furthermore, in law intent can be implied through repeated acts that show intention to commit the crime. From the charge sheet, he has received more than 8 bank cards. If you receive one, an emotional person may call it a mistake, you receive 2, we can argue that it is an accident but receiving up to 8 credit cards when you are not a bank itself is enough to prove mens rea.

Also, the way the card details were received can prove mens rea. The legal questions would be were they received in good faith or fraudulently? I doubt they were received in good faith and that is enough to nail the lad.

I read up to this point for this, leave the supporting idiots to keep on saying there's nothing there. It's a crime to be in possession of it in the first place, his public utterance has done nothing to help him because he has publicly declared himself to be one even before all these came into light.

a lot people especially Nigerians who lived abroad always feel Nigeria is a lawless state, until you are arrested and detained..This shit has been going on for long in this country, its high time people start taking responsibilities of their actions.

orion7:
evrutin na intent to defraud. efcc is just wasting our time. a useless lawyer that even failed in law school will spring this azzez boy out in no time




I thought they had shit on him

You think EFCC is half baked like most agencies in Nigeria.
They have well drilled lawyers too in EFCC. They know what they are doing dont be misguided.
Go and represent him lets see.

What the hell,only u.your level never reach but u wanna reach there by force,yahoo boy kawai

STRENGTHesq:
They should be charged differently cos the cards are different,constituting several offences

It had to have been used in the course of the same transaction (Same offence - Conspiracy/ to defraud some persons). The dates on the charge sheet suggests that it was.

I don’t think there is any misjoinder of offences here.

7*7=49


49yrs in prison awaits him

To hell with all Yahoo boys here on Nairaland, you guys are lazy idiots

OMOTOWO:
These charges hold no water.A hungry lawyer will win this case

I am sure you don’t understand that charges are made based on evidence before the prosecution. May be you should get the hungry lawyer for him.

orion7:
evrutin na intent to defraud. efcc is just wasting our time. a useless lawyer that even failed in law school will spring this azzez boy out in no time




I thought they had shit on him

I don’t think you know the slightest about criminal prosecution.

Hedonini:
I tell you. Very watery charges. And to think they had to duplicate what should have been a one count charge to seven counts, just to 'form competence', is just a joke.

So after all the media noise, this is the only thing they can come up with. We have a long way to go.

Wrong!

TheShopKeeper:
...if these are the alleged charges by EFCC...they are very weak...no wonder our politicians always win their cases in the law court...

stagger:
How can they hope to get a conviction with all these "intent" charges? How can you prove intent in court?

Nothing concrete on this charge sheet.

Please tell them

XaintJoel20:
I guess you don't know what is means to conspire in law.
You can be punished for an offence you haven't committed, but have mindset to commit.

STRENGTHesq:
conspiracy is a different charge which usually is the first count in a criminal charge when the alleged criminal offense is committed by two or more individuals

I wish the others could be educated by your comments.

Freehuman:
Nigerian will watch the Suits series without any legal background and begin shouting "a good lawyer will get him out".

Well, in a criminal trial the prosecution needs to prove men's rea and actus reus. Men's rea means criminal intent and actus reus means the act.

Ironically, the criminal intent is more important than the act in prosecution because a "child" and "lunatic" who commit the most gruesome crime would not be convicted because of the assumption of the law that they lack criminal intent.

Furthermore, in law intent can be implied through repeated acts that show intention to commit the crime. From the charge sheet, he has received more than 8 bank cards. If you receive one, an emotional person may call it a mistake, you receive 2, we can argue that it is an accident but receiving up to 8 credit cards when you are not a bank itself is enough to prove mens rea.

Also, the way the card details were received can prove mens rea. The legal questions would be were they received in good faith or fraudulently? I doubt they were received in good faith and that is enough to nail the lad.

Very well said brother

BluntBoy:
intent does not mean a lack of solid evidence. Intent helps the court decide on a fair judgment.

When someone is caught with drugs, two intents can be established:

1. For personal use
2. To trade.

If an intent for personal use is established in court, the offense is ruled a misdemeanor and the sentence would be mild.

If the intent for trade is established, the offense is ruled a felony and the sentence would be relatively heavy.

I wish they could be guided by your comments.

OMOTOWO:
These charges hold no water.A hungry lawyer will win this case

I they tell u....na nonsense....

Aristrocrat:
You think EFCC is half baked like most agencies in Nigeria.
They have well drilled lawyers too in EFCC. They know what they are doing dont be misguided.
Go and represent him lets see.

That is why they loose cases like Ode....

Venerable612:
It had to have been used in the course of the same transaction (Same offence - Conspiracy/ to defraud some persons). The dates on the charge sheet suggests that it was.

I don’t think there is any misjoinder of offences here.

You are right
I was tryna let them know that the counts were not against the rule on duplicity.