FRAUD

• Date: 06 February 2019

(1) "Fraud connotes crime and when alleged in civil proceedings, it behoves the party alleging it to prove it beyond reasonable doubt, not on the balance of probability, see Otukpo v. John (supra); section 138(1) of the Evidence Act, 2004 (section 135(1) of the Evidence Act, 2011)." - Per Ogbuinya, J.C.A., in Agi v. Access Bank Plc Suit No. CA/MK/86/2012; (2014) 9 N.W.L.R. (Pt. 1411) 121 at 151.

(2) "Fraud in its meaning stands on shifting sand. It is said to be a chameleon hued word. The difficulty in defining fraud is such that "Courts refrain from defining fraud, it was once said, lest they be confronted by their own definition and it be found too broad or too narrow to cover cases that may subsequently arise." - Per Ngwuta, J.C.A., in Unical v. Ugochukwu (No.1) (No.2) Suit No. CA/C/30A/2005; (2007) 17 N.W.L.R. (Pt. 1063) 248 at 264.

(3) "If it causes injury the party deceived may claim damages in the tort of deceit. Also, a contract obtained by fraud is not void but voidable on the ground of fraudulent misrepresentation." - Per Ngwuta, J.C.A., in Unical v. Ugochukwu (No.1) (No.2) Suit No. CA/C/30A/2005; (2007) 17 N.W.L.R. (Pt. 1063) 248 at 264.

(4) "Fraud is a false representation by means of a statement or conduct made knowingly or recklessly in order to gain material advantage. If it causes injury the party deceived may claim damages in the tort of deceit." - Per Ngwuta, J.C.A., in Unical v. Ugochukwu (No.1) (No.2) Suit No. CA/C/30A/2005; (2007) 17 N.W.L.R. (Pt. 1063) 248 at 264.

(5) "Fraud, the noun variant of fraudulently, is (1) an action or a conduct consisting in a knowing misrepresentation made with the intention that the person receiving that misrepresentation should act on it: (2) the misrepresentation resulting in the action or conduct; (3) an action or a conduct in a representation made recklessly without any belief in its truth, but made with the intention that the person receiving that misrepresentation should act on it and so on and so forth. See Bryan A. Gamer, A Dictionary of Modem Legal Usage, second edition, page 374 A fraudulent action or conduct conveys an element of deceit to obtain some advantage for the owner of the fraudulent action or conduct or another person or to cause loss to any other person. In fraud, there must be a deceit or an intention to deceive flowing from the fraudulent action or conduct to the victim of that action or conduct. See generally Kettlewell v. Watson (1882) 21 Ch.D 685 at 685; R. v. Reigels (1932) 11 NLR 33; Welham v. DPP (I960) 44 Cr. App. R. 124; R v. Odiakosa (1944) 10 W.A.C.A. 247; R. v. Bassey (1931) 22 Cr. App. R.160. An offence is said to be committed fraudulently, in the context of the appeal before us, if the action or conduct is a deceit to make, obtain or procure money illegally. By the fraudulent action or conduct, the accused deceives his victim by pretending to have abilities or skills that he does not really have. In one word, he is an impostor." - Per Tobi, J.S.C., in...