In the instant case, I have seen the submissions of the learned
prosecuting Counsel at paragraphs 3.19-3.46 of his final
written address and his reliance on exhibits 4,4,(a), 5,6,7,7
(a),9,10,11 and 22, the evidence of PWs2,3,and 4 and the
voluntary confessional statement of the 1st Defendant and he
submitted to the effect that the evidence of overt act of
collusion by the Defendants exist to deprive the nominal
complainant of his title in the plot allocated to him in 1997.
The learned Counsel for the 1st Defendant at paragraphs 4.7
and 4.8 of his final written address referred me to the evidence
of PWs1-4 and submitted that none of the witnesses even
alleged conspiracy against the 1st or the 2nd Defendants and no
cogent evidence adduced to establish the ingredients.
The 2nd Defendant’s Counsel equally at paragraphs 3.14- 3.26
of his final written address referred me to the testimonies of
PWs1, 2,3 and 4 especially under cross examination and
concluded that the 2nd Defendant was charge based on mere
suspicion.
Firstly, it is important to note that the subject matter that
culminated into the filing of the instant charge is plot SS1
Jikwoyi Extension III, Abuja.
To prove the first two counts charge, the prosecution called
four (4) witnesses. In his testimony PW1 stated as follows:“Plot SS1 Jikwoyi Extension III was a plot applied by
Fine Trust Academy and they were allocated the plot
of land. The allocation was done in favour of Fine
Trust Academy.”
PW1 testified that he was posted to Abuja Municipal Area
Council between 1997-2000 as a land surveyor.
PW2, worked also in Abuja Municipal Area Council between
2004 to about February, 2011 as the Resident surveyor in
charge of all surveys and mappings. PW2 testified as follows:“I know the Defendants in this case. The 1st
Defendant, Mr. Pillah, we were colleagues in the
office at Area 11 and he also brought an
application for processing of his title deed plan.
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