interest in same. He submitted that DW1’s testimony is full of
contradiction and inconsistency and therefore cannot be relied
upon. He submitted further that DWS 2, 3 and 4 testimonies
have be discredited during cross examination and he urged me
to hold that the prosecution proved the offence of conspiracy to
confer corrupt advantage upon relations and associates of the
1st Defendant beyond reasonable doubt and to answer the first
issue in the affirmative.
In respect of Count Two (2) for the offence of using their office
as land officer to confer corrupt advantage upon relations and
associates of the 1st Defendant contrary to Section 19 of the
Act, at paragraphs 3.87 – 4.13 of the final written address of
the Prosecution, the learned prosecuting Counsel adopted his
arguments in respect of Count one for count two as it relates to
the 1st and 2nd Defendants being public officers, that is land
officer by conferring corrupt advantage to relations and
associates of the 1st Defendant and submitted that the
prosecution has proved his case beyond reasonable doubt in
respect of count two(2).
The third count relates to the 1st Defendant only contrary to
section 363 of the Penal Code.
At paragraphs 4.17- 4.31 of the final written address of the
prosecution, learned Counsel set out the ingredients for the
offence of forgery as follows:(a)
That the Accused made, signed, sealed or executed the
document in question or any part thereof;
(b)
With intent to cause any person to part with property or
with intent to commit fraud or that fraud may be
committed.
(c)
That the Accused made the documents dishonestly.
Learned Counsel then referred me to the definitions of
“forgery” in the cases of IMAM V SHERRIFF, (2005) 4NWLR
(pt914) page 80 at 162 and BABALOLA V STATE, (1989)4
NWLR (pt115) page 264.
17