the Defendants contrary to Section 25 (1) (a) of the Act beyond
reasonable doubt and I so hold.
On Counts 2 and 4 of the charge contrary to Section 132 of the
Penal Code Act Cap 532 Laws of the Federal Capital Territory,
Abuja against the Defendants, the prosecution must establish
beyond reasonable doubt the following elements or ingredients: (a)
That the Defendant personated a public servant, or that he
pretended to hold the post of a public servant;
(b)
That he was not such a servant , or did not hold the post
pretended;
(c)
That he acted falsely or that he know that he did not hold
the office in question;
(d)
That he, when assuming the character, did or attempted to
do something under the colour of his assumed office.
In the instant case, by the evidence of PW1, Ibrahim Mohammed
Bomai, he testified that on the 18th August, 2015 at about
9:15pm, he received a phone call from someone that introduced
himself as Honourable Ndanusa, a Commissioner with the
Independent Corrupt Practices Commission (ICPC). PW1 further
testified that the Hon. Ndanusa, i.e. (1st Defendant) told him that
he would be sending two of his officers to PW1 with exhibit 3. And
the two officers from the said Honourable Ndanusa i.e. one
Solomon Adakwu (now at large) and the 2nd Defendant, Nsa Oyok
39