blank cheque... so I therefore want to state that any blank
cheque Liman brought to me, I seek Tunde’s consent on the
amount to write on the cheque because he goes to the bank
to withdraw the cheques”
It is very clear from the above that Exhibit M corroborated Exhibits
H1, K and L.
In the light of the above, I am of the considered view that there
was an agreement between the accused Ojeyinka Omotosho
and others to commit the offence of conspiracy.
It is instructive to state that the piece of evidence with respect to
the exhibits was not disputed nor discredited during crossexamination of PW3, PW4 and PW5.
Accordingly, I hold that the prosecution have been able to proffer
credible evidence to warrant the accused person’s conviction on
the counts charge of conspiracy.
Now with respect to Counts 2, 3, 4 and 5 on theft. To prove the
offence of theft, the prosecution is expected to prove the
following ingredients:
(i)
Intention to be fraudulent
(ii)
The moving of the property
(iii)
Absence of consent at the time of moving the
property.
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