(2015)LPELR 25902 (CA). AITUMA V THE STATE
(2007) 5 NWLR (pt 1028) page 466.
While in respect of the offence of conspiracy to obtain money
by false pretence have the same ingredients as provided under
section 96 and 97 of the Penal Code. Hence the ingredients lies
in the bare agreement and association to carry out an unlawful
Act which is contrary to or forbidden by law, whether that act
be criminal or not and of course whether or not the Accused
persons had knowledge of its unlawfulness.
See the cases of ADESINA KAYODE V THE STATE, (2016)
LPELR 40028 (SC), IKECHUKWU OKON V THE STATE,
(2014) CLARIK V THE STATE, (1986) 4 NWLR (pt35)
page 381.
Having stated the ingredients of the offences contained in the
six count amended charge, the question now is whether the
prosecution has established a prima facie case against the 1st
Defendant in the instant suit.
Firstly, the submissions of the learned Counsel for the 1st
Defendant to the effect that by the testimonies of PW1 and
PW4 exonerated the 1st Defendant from the commission of the
offence. The submission of
Counsel for the 1st Defendant is
far from the truth. I have seen exhibits 7 and 7 (a), the
statements of the 1st Defendant made to the officials of the
Economic and Financial Crime Commission. The statements of
the 1st Defendant exhibit 7 (a) supports the testimony of PW2
as well as PWS1 and 4. Further, by the evidence of PW2,
exhibits 1 and 2 are not within the approved layout of Abuja
Municipal Area Council hence amounting to not being genuine.
This also appears supported by the statement of the 1st
Defendant, exhibit 7 (a) wherein he admitted to getting
alternative plot or refund the amount paid by the nominal
complainant.
Thus, by the testimonies of PWS1, 2, 4 and exhibits 7 and 7
(a), the 1st Defendant requires to make some explanation and
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