Thus, on the offences pursuant to section 1(3), 1(1) (a) of the
Act, learned Counsel posed a question as follows “if there has
very been an intention by the 1st Defendant to carry out mens rea
or actually carried out the act?
He then submitted that for the offence of obtaining money by
false pretence, he referred me and relied on the elements or
ingredients of the offence as enunciated in the case of AGUBA V
FRN, (2014) LPELR 23211 (CA). He also cited the cases of
ONWUDIWE V FRN, (2006) ALL FWLR (pt 319) page 774 at
812 – 813, and ODIAWA V FRN (2008) ALL FWLR (pt439)
page 436.
Learned Counsel submitted that the evidence of PWS1,4 and 3
clearly exonerated the 1st Defendant. According to the learned
Counsel PW1 testified that the contract of the subject matter was
not between him and the 1st Defendant and that the 1st
Defendant voluntarily refunded to PW1 the sum of N5,000,000.00
but that PW1 refused to collect the money. He stated that PW4,
the investigating officer confirmed the testimony of PW1.
On the offence of forgery, learned Counsel referred me to
sections 363 and 364 of the Penal Code. He then submitted that
the foundation of the case of forgery against the 1st Defendant is
anchored solely on the opinion of PW2, a staff of Abuja Municipal
Area Council to the effect that the land is not within approved
layout in the Zonal Planning and not genuine. He then stated that
at no time did PW2 in his testimony that he referred to paper
itself as forged.
On the ingredients of the offence of forgery learned Counsel
referred me to the case of AITUMA V STATE, (2006) LPELR
7647 (CA).
He submitted that the document alleged to be forged was not
subjected to any analysis or any form of scrutiny and that it must
be proved that it was the Accused person that forged the
document. He relied on the case of IDOWU V THE STATE
7