and that the 3rd Defendant placed reliance on exhibits 1 and 2 as
genuine and according to Counsel, it is up to the buyer to do his
due diligence which by the testimony of DW2, PW1, the 1st
Defendant and himself (3rd Defendant) proceeded to Abuja
Municipal Area Council to conduct a search which result of the
search okay the plots for purchase.
Learned Counsel then submitted that none of the witnesses for
the prosecution gave evidence to the effect that the 3rd Defendant
gave PW1 assurances that plots of land were genuine. Learned
Counsel further referred me to the elicited answers under cross
examination of PW1’s admission that he contracted at least two
persons, one of them PW3 his brother and relative to verify the
authenticity of exhibits 1 and 2. He then contended that the
elicited evidence from PW1 under cross examination is
corroborated by the testimony of PW3 who stated that he gave
exhibits 1 and 2 to the 2nd Defendant to conduct a search. He also
stated that PW3 testified that the decision to purchase the plots
by PW1 was on the advice of the 2nd Defendant, Mr. Augustine
James and not hinged on any representation from the 3rd
Defendant.
However, learned Counsel for the 3rd Defendant submitted that
assuming but not conceding that the 3rd Defendant made any
such representations as to the authenticity of exhibits ED3 and
ED4 to PW1 or his Agents, such representations has not been
shown to be the reason why PW1 parted with the sum of
N8,500,000.00 as PW3 stated that the decision to buy the plots
emanated from DW2, the 2nd Defendant.
On whether the prosecution established that the 3rd Defendant
made any representation which was false to the knowledge of the
3rd Defendant, at paragraphs 4.44 – 4.53 of the address of the 3rd
Defendant, learned Counsel submitted to the effect t that the
prosecution failed to establish the ingredient. He relied on the
evidence of PW3, Emmanuel Ikhuria and that of PW1 that they
conducted independent search through the 2nd Defendant, PW1’s
18