property Agent and came out with the outcome that the plots
ED3 and ED4 were okay.
On the charge of Conspiracy, he referred to Section 8 (a) of the
Advanced Fee Fraud and Other Related Offences Act, 2006 and
then set out the ingredients of the offence at paragraphs 4.56.2 –
4.56.4 of his final address and then submitted that the
prosecution failed to establish that the 3rd Defendant had a
common intention with other Defendants to defraud PW1, the
nominal complainant. According to Counsel, the 3rd Defendant
was only an Agent of the Seller, the 1st Defendant that got caught
up with the problem of recertification, regulation, double or
multiple allocations characteristic of Abuja Municipal Area Council.
At paragraphs 4.59 – 4.64 of the final written address, Counsel
for the 3rd Defendant submitted that the 3rd Defendant never
knew the 1st and 2nd Defendants as well as PW3. According to
Counsel the 3rd Defendant was only approached by the 1st
Defendant in a hotel to help sell plots ED3 and ED4. He submitted
further that there is no evidence before the Court that there was
any sort of relationship between the 1st and 3rd Defendants or the
2nd Defendant to misrepresent facts to PW1 contained exhibits 1
and 2 hence, the prosecution failed to prove conspiracy.
On the offence of forgery, learned Counsel submitted that the
prosecution failed to prove the ingredients enumerated at
paragraphs 4.67.1 and 4.67.2 of the written address. According
to Counsel that the prosecution failed to investigate and find out
whether Lugard Edegbe truly allocated plots ED3 and ED4 during
his tenure as Zonal Manager and whether the documents were
genuine. Learned Counsel submitted that the 3rd Defendant as
DW1 testified that he was at the Zonal Manager’s office to
conduct the search at the time of transaction and that PW3
confirmed such searches. He stated that the 3rd Defendant do not
have any other means of verifying the document other than
relying on the representations from the Zonal Manager’s office.
He therefore contended that the evidence before the Court
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