completed and furnished as prototype. Based on this evidence, learned defence counsel submitted in his reply on points of law thus: “That today 34 units of 4 bedroom duplexes are built on the estate, My Lord it is a fact that speaks for itself and needs no further proof.” There is no evidence before the Court to prove this assertion. At the trial, the defence counsel did not apply to the Court to visit the locus in quo to confirm that the defendants have a plot, where they have built 34 units of houses. One wonders how the defendants can build 34 units of houses when there is no evidence that they have any plot of land to develop and/or sell. The counsel for the defendants also complained that the PW2 did not visit the site in the course of investigation. I note the evidence of PW2 that the 1st defendant was unable to produce any evidence of allocation of any land. As Mr. Tahir rightly stated, there was nothing to direct PW2 to any land. Further, in the extra-judicial statement of the 1st defendant dated 4/3/2014 [Exhibit G], he stated that: Since 1999, the company has application submitted to the Honourable Minister for the said plot as a company. … However, the process of allocation is still yet to be concluded, the company has concluded the arrangement for settlement of the economic crops in the land … This statement shows that the defendants did not have any plot to develop and/or sell as at the date they represented to the PW1 that they had a plot of land to sell and as a result of the representation, PW1 paid them the sum of N5,120,000.00. I need to add that in Exhibit G, DW1 did not mention that 13