In the instant case, learned Counsel for the 2nd Defendant
submitted that the 2nd Defendant assuming that he signed both
letters of allocation which resulted into double allocation due to
human error, the 2nd Defendant can be exculpated by this
Court unless the prosecution is able to prove that the error
resulted from lack of care expected from a reasonable man of
an average intelligence. He relied on the case of AIGUIKHIAN
V STATE (2004) ALL FWLR (pt207) page 600.
Learned Counsel for the 2nd Defendant also submitted that the
2nd Defendant, in exhibit 11 (A) demanded for the original
letter of allocation of Fine Trust Academy which the prosecution
failed to produce before the Court. He submitted that this
amounts to withholding of evidence and he relied on the case
of ONAH V STATE, (1985) 3 NWLR (pt12) page 236 at
245 paragraph F-G.
In conclusion, learned Counsel for the 2nd Defendant submitted
that the entire case of the prosecution against the 2nd
Defendant is based on suspicion and speculation because they
believe that since the 1st Defendant was an officer under him,
he may have influenced the allocation of the plot to Pax
Education Resources Limited and the 1st Defendant. He
therefore contended that it is unsafe to convict a Defendant on
speculative findings or suspicion. He relied on the cases of
AMADI V STATE, (1993) 8 NWLR (pt314) at 644 and
ADIE V STATE, (1980) ANLR page 39 at 49.
Finally, he urged me to discharge and acquit the 2nd Defendant
on the two counts charge brought against him for failure of the
prosecution to prove the case beyond reasonable doubt.
Having said the above, both the prosecution and the two sets
of Defendants distilled issues for determination in their
respective final written addresses. The issues are all
encompassing and either of the issues formulated for
determination and adopted by this Honourable Court will assist
the Court in resolving this case. Thus, the two issues set out
for determination by the prosecution are apt and I hereby
adopt them in the resolution of the contending issues in this
case.
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