The learned prosecution relied and referred me to the evidence
of PWS 3 and 4 and exhibits 7 and 22 to prove the ingredients
of the offence. According to the learned prosecution, PWS3 and
4 testified that the 1st Defendant manipulated documents in
exhibit 22, the policy of Fine Trust Academy in order to have an
edge over Fine Trust Academy owed by PW4. He submitted
that the 1st Defendant must be held responsible for changing
the date of Fine Trust Academy application form for land from
1997 to 2005. The learned prosecution submitted that if the
Honourable Court hold that the 1st Defendant has interest in
Pax Education Resources Limited and that the entity is for
relatives and associates of the 1st Defendant, then it is not
difficult to hold the 1st Defendant responsible for forging of the
said exhibit 7 in favour of Pax Education Resources Limited. He
relied on the case of CHUKWUEMEKA N. AGWUNA V ATT.
GEN. OF FEDERATION, (1995) 5 NWLR (pt396) page 418
at 438.
The learned prosecution submitted also that it need not present
two documents that is, one forged and the other genuine and
handwriting analyst. He contended that where the forgery or
alteration are clear and glaring on the face of the document as
in this case, there is no need for handwriting analysts and no
need for presenting two documents.
He therefore urged me to hold that the prosecution has proved
the ingredients of count three beyond reasonable doubt.
On whether the prosecution from available evidence before the
Court has established a case of wrongful conversion of plot SS1
Jikwoyi Extension III and whether the Honourable Court can
order restoration of same to the victim of the crime?
Firstly, learned prosecution submitted that on 26th September,
2017, this Honourable Court granted interim forfeiture order on
Plot SS1 Jikwoyi Extension III, the subject matter of the
commission of crime in favour of Independent Corrupt Practice
18