There is evidence before this court that the accused person
presented Exhibits A, B, C, G, D, E and F to the bank that is United
Bank for Africa Plc on the false pretence that the said Exhibits
were made or written, signed and issued by Mohammed
Abubakar the account holder or owner, knowing very well that it is
not true. In Exhibits H1, K and L the accused person admitted that
the writing and signature on Exhibit A, B, C, D, E, G and F were that
of Ojeyinka Omotosho (now at large) but not that of Mohammed
Abubakar the account owner.
The accused further stated in
Exhibit H1, K and L that Exhibits A, B, C, D, E, F and G were written
and signed by Ojeyinka Omotosho and given to him which he
presented to the bank for payment.
It is also in evidence that upon the cashing of the money as
reflected in Exhibits A, B, C and G shared the proceeds or money
with one Ojeyinka Omotosho (now at large). See Exhibits H1, I, K, L
and M. Also the evidence of PW3, PW4 and PW5, this evidence
was neither discredited nor controverted by the defence.
In the light of all stated above, I am of the considered view that
the prosecution has proffer credible evidence to convict the
accused person on Counts 24, 25, 26 and 27, I so hold.
In conclusion, I hold the firm view that the prosecution have failed
to discharge the burden placed on it by proving its case beyond
reasonable doubt on the following count charges, Counts 2, 3, 4
and 5 (on theft), Counts 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19,
20, 21 and 22 (on forgery).
Accordingly the accused is
discharged and acquitted on these counts.
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