transaction to sell plot 1528 to PW2 for value proceeded on a false premise, to wit;
that his documents were not genuine to his knowledge but held them out as such to
obtain value from an innocent third party.
I have no difficulty on the unchallenged evidence in holding that the defendant
obtained the sum of N2, 050,000 in cash and kind from PW2 on the false pretence
that he is the owner of plot 1528 within Katampe District Abuja, covered by Right
of Occupancy No. MFCT/LA/90/BN912 dated 2nd September, 1996 which he
knew to be false.
As stated earlier, the narrative of all the prosecution witnesses were not in any way
challenged or undermined and in law, they are deemed as admitted. As a logical
corollary, I hold that with respect to Count 1, the prosecution has proved the
offence against the defendant beyond reasonable doubt. Accordingly I find the
defendant Guilty on Count 1 of the charge.
Under COUNT 2, the defendant is charged with the offence of forgery contrary to
Section 363 of the Penal Code which provides as follows:
“Whoever makes any false document or part of a document, with intent to
cause damage or injury to the public or to any person to support any claim or
title or to cause any person to part with property or to enter into any express
or implied contract or with intent to commit fraud or that may be committed,
committed, commits forgery; and a false document made wholly or in part by
forgery is called a forged document.”
It may be apt to also refer to Section 362 (a) of the Penal Code which provides
thus:
“A person is said to make a false document:
(a) who dishonestly or fraudulently makes, signs, seals or executes a
document or part of a document or makes any mark denoting the
execution of a document with the intention of causing it to be believed
that such document or part of a document was made, signed, sealed or
executed by or by the authority of a person by whom or by whose
authority he knows that it was not made, signed, sealed or executed or
at a time at which he knows that it was not made, signed, sealed or
executed…”
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