Furthermore, 2nd Defendant’s Counsel submitted that exhibit 9
was damped on the Court to make findings as whether Pax
Education Resources Limited is owned by the 1st Defendant’s
relations.
At paragraphs 4.26- 4.44 of the 2nd Defendant’s final written
address, learned Counsel submitted to the effect that assuming
(but without conceding) that the prosecution was able to prove
any or the ingredients of the offences, he submitted that by the
testimony of the 2nd Defendant as DW6, the 2nd Defendant was
able to disprove the allegations against him.
According to the learned Counsel that the 2nd Defendant
testified that he has no power to allocate or grant land to any
person as he was merely the secretary of the land adjudication
and allocation committee whose only duty was to issue letters
of allocation to those approved by the committee whose
Chairman was either the Minister or the Chairman of the area
Council. He submitted that the evidence of DW6 was
corroborated by both prosecution and the defence witnesses.
He then referred me to the elicited evidence of PWs1,2,3 and
DW1 under cross examination and submitted that their
testimonies supported the evidence of DW6 of the existence of
land Adjudication and Allocation Committee and that it is the
committee that allocates and then direct the secretary of the
Committee to issue allocation letters.
Learned Counsel for the 2nd Defendant contented that the only
nexus between the 2nd Defendant and the present charge is
that the 2nd Defendant signed letter of allocation of both Pax
Education Resources Limited and Fine Trust Academy which the
2nd Defendant explained that there are cases of double
allocation resulting from human error. 2nd Defendant’s Counsel
submitted that DW6 explained to the effect that where such
cases of double allocation arise, the procedure is to relocate
one of them to another plot. Learned Counsel also referred me
to the evidence of PWs1 and 3 under cross examination to the
effect that double allocation exist and a committee do resolve
the issues of double allocation particularly the first on time
gets the land.
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