From the Evidence, Madam Hauwa Kulu mentioned the Sum of Ninety
Million Naira (N90, 000, 000.00) as being given to the Defendant, which was
what she was told and this was not entirely incorrect in the sense that
Ninety Million Naira was indeed deducted from the Sum of One Hundred and
Thirty Five Million, Seven Hundred and Ninety Four Thousand, Six Hundred
and Eight Naira (N135, 794, 608.00). This Sum represented a deficit to the
Money due to Alusab International and as explained by Alhaji Suleiman,
Ninety Million, Two Hundred and Fifty Thousand Naira was indeed
withdrawn by him. He had explained how this Sum was distributed. Madam
Hauwa Kulu’s evidence could at best be said to be inaccurate but it was
certainly not contradictory. Alhaji Suleiman’s narration of events was
consistent through his Oral and Documentary Evidence and cannot be said
to be inconsistent as he was in an inside in position.
As regards Alhaji Tutare PW10, he had stated in one breath that he gave the
Sum of Eighty Million Naira to the Defendant and in another stated that he
paid this Sum into the Account of Salman Global Ventures, and then he stated
that he shared the Money. The issue is, are all these Statements inconsistent?
If Ninety Million Naira was withdrawn and he took Ten Million Naira out of
it, this is sharing, as the proportional ratio of the share is irrelevant. If he
meant that he paid the Sum of Eighty Million into Salman Global Ventures for
the benefit of the Defendant, then it could be argued that he gave the
Defendant the Money. An alternative reasoning is to argue that payment into
an Account is different from the physical giving of the Money in Cash. The
question must be asked, was he consistent as to who was to benefit from the
Sum of Eighty Million Naira.
In any event, the Court will determine this issue not only on his evidence but
on other Corroborative Evidence.
Learned Counsel representing the Defence had also raised Four Contentions
on Hearsay, namely: - 1) that Hajia Kulu’s evidence was Hearsay as the
information she derived in regard to the Payment was obtained from Mr. Ali
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