delivering this sum by stating that it was cashed and took it to him vide
normal Procedure.
Count 41 for the Sum of N10 Million dated 6th May 2006, the Permanent
Secretary of Government House Jalingo (PW4) did not identify this Payment
in Exhibit P3, but the Permanent Secretary, Liaison Office, in Abuja
acknowledged the said sum in Exhibit R3 on the 15th of August 2006. From
the Statement of Account in Exhibit M Page 31, there was no payment on the
said date. However, it can be seen that a Cash Deposit of N10 Million by Joel
Andrews in Jalingo was made on the 15th of August 2006. Mr. Abdulrahman
Mohammed withdrew this sum with Cheque No. 00000049 on the same date
and he confirmed it in his Statement admitted as Exhibit X2. More
importantly, Mr Abdulrahman Mohammed confirmed delivering the said
sum by stating that it was cashed and took it to him vide normal
Procedure.
Learned Senior Counsel noted at Count 35 that the date in the Count as per
the Charge is said to be 4th of May 2007 but the Evidence showed that the
Transaction took place on the 4th of May 2006.
Learned Counsel to the Defendant argued as regards Counts 34and 37,
which according to him had to do with a Specific Amounts in a Named
Account, but the Prosecution failed to adduce any evidence to prove the
particular/specific amounts. Further that the Prosecution’s evidence did not
in any way link the Defendant to the specific particulars of these Counts
therefore, he urged the Court to discharge the Defendant. Relying on the
cases of ONAGORUWA V STATE (1993) 7 NWLR (PT. 303) 93;
GBOLARUMI V COP (1971) NMLR 69; EZE V STATE (1992) 7 NWLR (PT
251) 75.
The Court notes that on the 15th of November 2016, the Prosecution notified
the Court of his intention to amend Count 37 of the Charge from N5Million
to read N5, 010, 000 (Five Million, Ten Thousand Naira) and Count 34 of the
Charge to read N15, 500, 000.00 instead of N5Million. However, on the 22nd
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