Capital territory dated 30th November, 2005 with intent to commit fraud and thereby committed an offence contrary to section 363 of the Penal Code Cap 532 Laws of the Federation of Nigeria 1990 and punishable under section 364 of the same Act. COUNT FIVE That you Markus Kadir Gadzama sometime in June 2005 in Abuja within the Abuja Judicial Division of the High Court of the Federal Capital Territory did fraudulently use as genuine an application for re-certification and re- issuance of Certificate of Occupancy of Ministry of the Federal Capital Territory dated 30th November, 2005 which you knew to be forged and thereby committed an offence contrary of section 366 of the Penal Code Cap 532 Laws of the Federation of Nigeria 1990 and punishable under section 364 of the same Act. The Defendant pleaded not guilty to the five (5) counts charge. Thereafter the prosecution opened its case for hearing. Seven (7) witnesses testified on behalf of the prosecution’s case. The prosecution tendered in evidence the statements of the Defendant and other documents and they were received in evidence and marked as exhibits 1-9 respectively. The brief facts of the prosecution’s case is that by a petition dated 30th June, 2009 written by one Haruna Audu Mamza, PW5 and addressed to the Chairman Economic and Financial Crimes Commission. PW5 in his petition alleged that he purchased a piece of land, plot number L 84 within Dape District measuring 2052 square Meter from his brother in- law at a consideration of N700,000.00. PW5 in both the petition and his oral testimony stated that he handed over the title documents of Plot L84 Dape District to his 3