(4)
(5)
(6)
That there was the intention to defraud;
That the Defendant knew of its falsity;
That money or property was obtained as a result of the false
pretence.
See IKECHUKWU IKPA V THE STATE, (2017) LPELR 42590
(SC), SEGUN ADELODUN V FRN (2017) LPELR 42356 (CA)
and ALAKE V STATE (Supra).
In the course of trial and in order to prove the essential elements
of the offences as contained in the charged against the
Defendant, the prosecution called Seven (7) witnesses and
tendered a number of exhibits.
In relation to the essential elements of the offence of obtaining by
false pretence against the Defendant, firstly, by exhibit 1, a letter
written to the Chairman of the Economic and Financial Crimes
Commission dated 30th June, 2009 by one Haruna Audu Mamza
who testified as PW5 complained against the Defendant to the
effect that he purchased a piece of land from his brother-in-law,
Lamar Abba Gana. Paragraphs 2, 3 and 4 of exhibit 1 states as
follows: “(2) During the revalidation exercise, with my instruction, my
senior sister handed the right of occupancy to Mr. Markus K.
Gadzama together with the sum of N110,000.00 to enable him
carry on with the revalidation on my behalf. Furthermore, equally
paid the sum of N100,000.00 to Mr. Markus K. Gadzama for his
logistics, if any, together with my 2 passport size photographs.
(3) After a period of time, I continued requesting for my
revalidation certificate to be handed over to me by Mr. Markus,
but he informed me that the process was still going on. Since
December 2008, I have tried to contact Mr. Gadzama to enable
me go to Abuja Geographic Information System (AGIS) and pay
for the certificate which he said was ready, but unsuccessful till
17