therefore requested for the money he paid, the accused
refunded the sum of N100,000.00 to PW3 remaining the balance of
N270,000.00, PW3 thereafter reported the accused to the Police,
accused was arrested, at the Police Station the accused made
an undertaking to pay back the money but the balance was
never paid.
PW5 Tony Uche a businessman at Utako Market. He knew the
accused as agent who used to get shop for people.
In July 2007, PW5 approached the accused person for shop and
subsequently paid the accused the sum of N250,000.00 upon
request by the accused person. The said sum represent one year
rent; it was paid to the accused at two installments by PW5, the
accused gave PW5 a receipt and later made a written
agreement with PW5. The receipt was admitted in evidence as
Exhibit H1 while the agreement was admitted in evidence as
Exhibit H2. The accused did not refund the money collected from
PW5 nor give any shop to PW5.
The right of the accused to cross-examine PW4 and PW5 were
foreclosed because he refused to cross-examine them after
several adjournments.
The accused cross-examined PW1, PW2
and PW3 but refused to cross-examine PW4 and PW5 after he had
been given the opportunity to do so; he insisted on getting a
lawyer of his own choice. The accused even rejected a lawyer
from Legal Aid Council insisting on a lawyer of his own choice.
7