the evidence of PW1 and added that after the payment in respect
of exhibits 1 and 2, PW3, the 2nd and 3rd Defendants went to
meet the 1st Defendant and a four (4) page Power of Attorney
was brought. PW3 testified that he signed as a witness for the
buyer (PW1) while the 1st Defendant signed and C. Y Richard the
(3rd Defendant) signed as a witness for the 1st Defendant. PW3
also testified that when PW1 called him that the plots of land
were not in existence, he immediately called the 2nd and 3rd
Defendants wherein the three of them met the 1st Defendant and
held several meetings.
He then testified that the Defendants admitted that there was a
problem and they offered alternative land.
PW4 is the Investigating Officer in this case and part of his
findings was that he confirmed payment of N4,000,000.00 and
N1,500,000.00 through Zenith Bank Plc and Ecobank and the
beneficiary was the 2nd Defendant, Augustine James. Exhibits 10
and 10 (a) were received in evidence through PW4. PW4 also
testified that as part of their investigation activities on Plots ED3
and ED4, Abuja Municipal Area Council confirmed that the letters
of allocation exhibits 1 and 2 were not genuine.
Now by the testimonies of PWs 1 – 4 and exhibits 1, 2, 4, 5, 6, 7,
7 (a), 8, 8 (a) and (b) and 9 can the roles played by the
Defendants constitute inference of conspiracy to obtain money
from the nominal complainant under false pretence that plots ED3
and ED4 exist and genuine?
As I said earlier, conspiracy is usually hatched in utmost secrecy
and intention of the conspirators is normally inferred from
circumstantial evidence. In the instant case the 1st Defendant by
the evidence of PWS 1 and 4 and exhibits 11 and 11 (a), is the
owner of Abshat Global Concept Limited and Ogagwu Ventures
were purportedly issued with exhibits 1 and 2, the letters of
allocation of Plots ED3 and ED4. The 1st Defendant, by the
evidence before the Court, exhibits 1 and 2 were in possession of
the 2nd Defendant in which he offered to the nominal complainant
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