There is truly no part of the evidence before me
suggesting compliance with the agreement between
Defendant and the nominal complaint in this case.
There is however abundant evidence before suggesting
that
1st
Defendant
in
collaboration
with
other
Defendants sold part of the plots in question to people
and was paid various sums of monies being
consideration..
Qst.. Are Defendants who contrary to the agreement i.e
Memorandum Of Understanding sold plots of land
which they never had, not guilty of false pretence as
charged?
From the above, could it be said that the prosecution
has proved the offence of false pretence? PW2, PW4
and PW5 gave account as stated above how the 1st
Defendant who made representation to them and made
them believe that he had authority and power to sell the
plots of land.
FEDERAL REPUBLIC OF NIGERIA AND KAYODE GABRIEL ADENIJI & 2ORS
48