be subjected to cross examination. Hence therefore, by the
evidence adduced by the prosecution witnesses and the
exhibits before the Court, the prosecution has presented some
credible evidence against the 1st Defendant upon which the six
count amended charge will proceed and requires some
explanations from the 1st Defendant.
Thus, therefore, the no case submission made on behalf of the
1st Defendant fails and it is accordingly dismissed.
As I said earlier, on the 15th February, 2017 the 3rd Defendant
testified as DW1 while the 2nd Defendant testified on 18th
January, 2018 as DW2. The 1st Defendant on the otherhand by
the proceedings of 9th March, 2016, by the provision of section
352(4) of the Administration of Criminal Justice Act, 2015, the
1st Defendant having jumped bail and he is on the run despite
affording him several opportunities to appear and enter his
defence, the 1st Defendant failed, neglected or refused to enter
his defence and the case therefore proceeded in the absence of
the 1st Defendant.
Having said the above, the brief facts and evidence of the
prosecution’s case against the Defendants is that by exhibit 4,
the petition to the commission, it alleged that the Defendants
received the sum of N8,500,000.00 under the pretence to sell
plots of land to PW1 as conveyed by exhibits 1,2 and 6. And
by the testimony of PW2, a staff of Federal Capital
Development Authority in the Zonal Planning office of Abuja
Municipal Area Council stated that when they received a letter
of investigation activites from Economic and Financial Crimes
Commission, in respect of Plots ED3 and ED4, they carried out
verification and they discovered that the Plots were not
allocated and they conveyed their findings vide exhibit 5 to the
commission that the allocations in exhibits 1 and 2 are not
genuine. Similarly, by the testimony of PW3 to the effect that
after several months after the sale of the Plots, PW1 called on
PW3 that the purported plots ED3 and ED4 does not exist.
According to PW3, he contacted the 2nd and 3rd Defendants on
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