of ANKWA V STATE, (1969) 1 ALL NLR 133 and section
196(1) of the Administration of Criminal Justice Act 2015.
He also referred me to the testimonies of DW1, DW3 and DW4
to the effect that the 1st Defendant was not in Abuja on 18th
and 19th of August, 2015 but in Kaduna State, a place outside
the jurisdiction of this Court at the alleged time of the
commission of the crime.
Learned Counsel for the Defendants therefore contended that
the prosecution failed to prove the offence contrary to Section
25 (1) (a) of the Act.
In respect of count 2, he submitted that the prosecution failed
to prove the offence of impersonation against the 1st Defendant
beyond reasonable doubt. He submitted that there is no
evidence that the 1st Defendant impersonated any officer of the
Independent Corrupt Practices Commission (ICPC) on record.
He stated that there is no evidence before the Court that the
1st Defendant was in contact with PW1 on 19th August, 2015 in
any way let alone of personating the officer(s) of the
Independent Corrupt Practices Commission (ICPC). He then
enumerated at paragraph 3.8 of his address the ingredients of
the offence under the Act and then submitted that he who
asserts must prove. Learned Counsel then contended that the
offence of personation under Section 132 of the Penal Code,
25