Academy and title Deed plan collected. Hence, the facts and
circumstances of the instant case clearly shows further that the
2nd Defendant by signing the allocation letter exhibit 5 (a)
without Pax Education Resources completing the application
form which is a pre- requisite to processing of the allocation
letter and the 1st Defendant being the secretary of the Rural
land Adjudication Committee of Abuja Municipal Area Council
(AMAC) in which in his statement, exhibit 11 stated as follows:“We in receipt of the offer, paid the necessary fees
and the file was forwarded to the Zonal surveyor for
charting, and preparation of title deed plan. On
discovering that a purported letter from Fine Trust
Academy dated 1997, three years before the layout
was prepared in 2000 was being done, we reported
to Abuja Municipal Area Council (AMAC) whose report
indicated that the Plot belonged to us and thereafter
directed that it be charted accordingly.”
From the evidence of PWS1,2,3,and 4 and the statements of
the 1st and 2nd Defendants i.e exhibits 11 and 11(a)
respectively and indeed the oral testimonies of DWS 4 and 6, it
is evident that the 1st and 2nd Defendants are public officers
holding the positions of Zonal Land Manager and secretary
Rural land allocation and Adjudication Committee of Abuja
Municipal Area Council (AMAC) at the material time that
culminated into the filing of the instant charge. Secondly, by
the evidence of PW2 that the 1st Defendant brought title
documents for processing and issuance of Title Deed Plan to
her, the evidence of PW2 is confirmed by the statement of the
1st Defendant that he has interest in plot SS1 Jikwoyi Extension
III. Further in both his statement exhibit 11 and his oral
testimony, DW4 asserted that when the offer of plot SS1
Jikwoyi Extension III was granted to Pax Education Resource,
they paid for the processing fee and receipts were issued to
them. He also stated under cross examination on the 17th
January, 2018 that Joseph Jande is his 2nd cousin. The
statement of the 1st Defendant exhibit 11 and his oral
testimony under cross examination clearly confirmed the
testimony of PW4 of the interest of the 1st Defendant in plot
SS1 Jikwoyi Extension III. Further, by exhibits 9 and 10, PTA
Nigeria Limited is one of the Directors of Pax Education
41