he has a boss who can give his brothers job. The alleged Abdullai Seidu could not be traced. From the totality of the evidence before me, it is my view that the Defendants fraudulently or dishonestly induced PW4 and others to part with N200,000 each for letters of appointment which are fake. I believe the evidence of the prosecution and Exhibit F2 to the effect that the 1st Defendant was caught filling a fake acceptance form, his subsequent denial is a farce. The 2nd count is in respect of the 1st Defendant. It states that the 1st Defendant being a civil servant did not receive dishonestly money from members of the public pretending to be authorized to receive same , etc contrary to Section 122 of the Penal Code. The Section states: “Whoever being a public servant in his capacity as such dishonestly receives from any person any money or other property which he is not authorized to receive or which iis in excess of the amount which he is authorized to received, shall be punished for a term which may extend to five years.” There is no evidence by the Prosecution that the 1st Defendnt or indeed all the Defendants are civil servants. There is no evidence that the monies received by the 1st Defendant was done in his capacity as a civil servant or that as such he is not authorized to receive such monies. In the circumstance of this case, the Prosecution has not been able to prove this Count beyond reasonable doubt. 13