In the instant case, from the evidence of the prosecution
witnesses it is difficult to establish a common agreement or
mens rea between or of the Defendants to do an illegal act.
However, by the actus reus of the 1st and 2nd Defendants in the
allocation of Plot SS1 Jikwoyi Extension III to Pax Education
Resource, the evidence of PWS1, 2, 3, 4 and exhibits 5, 5(a)
6,6(a),7,7 (a) 7(b), 18 and 22 including exhibits 11 and 11(a),
the statements of the Defendants respectively, has drawn the
mens rea of the Defendants in the open.
For the purpose of clarity, exhibits 5, 7,7 (a), 7(b) and 22 are
documents evidencing title for Fine Trust Academy. Exhibit 22
is the policy file of Fine Trust Academy in which Plot SS1
Jikwoyi Extension III was granted to it. The policy file no is
MISC 9764. In contrast, PTA (Nigeria) Limited by exhibits 6
and 5 (a) also applied for grant of land for Educational purpose.
Exhibits 5(a) and 6 are the application for land by PTA (Nigeria)
Limited. The Abuja Municipal Area Council however did not
approve any allocation of land to PTA Nigeria Limited. Further,
by exhibit 5(a) and 6, the application file number of PTA
Nigeria Limited is MISC 2209. Then by exhibit 18, the same file
number Misc 2209 which ought to be the policy file number of
PTA Nigeria Limited, the name on the policy file is Pax
Education Resource. And by the evidence of PW2 and 3, their
testimonies tallies with the contents of exhibit 18 to the effect
that PTA Nigeria Limited applied for the land but the allocation
letter came out in the name of PAX Education Resources. And
by the evidence of PW2, the Resident ZONAL Surveyor, the 1st
Defendant brought to her title documents of PAX Education
Resource to process and issue title Deed Plan (TDP) which PW2
told the 1st Defendant that the Plot SS1 Jikwoyi had already
been charted in favour of Fine Trust Academy. Despite
evidence in exhibit 18 and the testimonies of PWS1,2, 3 and
the evidence of PW4 and indeed exhibits 11 and 11(a) and the
evidence of DWS4 and 6, the 1st and 2nd Defendants
manipulated the processes of land application by using exhibit
18, the policy file number 2209 of PTA (Nigeria) Limited and
issued the grant of Plot SS1 Jikwoyi Extension III to PAX
Education Resource exhibit 6 (a). The 2nd Defendant admitted
in his statement, exhibit 11 (a) that he signed exhibit 6(a) as
well as exhibits 4 and 7 (a) respectively. He also admitted in
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