Further the evidence of DWs 4 and 5 that the assessment of
Right of Occupancy Rent and Fees attached to exhibit 5 was
made on a Sunday; by the evidence of DW5, PWs 1, 2, 3 and 4
and exhibits 5, 7(a), 7(b) and 22, it is clear that Plot SS1
Jikwoyi Extension III was duly allocated to Fine Trust Academy.
And DW5 categorically stated under cross examination that the
assessment fee as evidenced by exhibit 13 has been paid into
Abuja Municipal Area Council coffers. He further testified that
before assessment of fees, there must have been an allocation.
In the instant case, there was an allocation to Fine Trust
Academy and Fine Trust Academy has paid the assessment
fees and Abuja Municipal Area Council issued it with a receipt,
exhibit 13. Thus, whether the assessment of Right of
Occupancy was done on a Sunday or not by Abuja Municipal
Area Council, Fine Trust Academy is not the architect of the
document and therefore cannot be held liable for inserting
wrong date.
Thus, as I said in the course of reviewing the testimonies of the
witnesses called by the 1st Defendant, the actus reus of the 1st
and 2nd Defendants towards the allocation of Plot SS1 Jikwoyi
Extension III in favour of Pax Education Resource, an
unregistered legal entity as at the year 2000, it is a clear
demonstration of collusion by the 1st and 2nd Defendants to
deprive Fine Trust Academy of Plot SSI Jikwoyi Extension III
upon which mens rea can be drawn in the open. In other words
as stated in the case of KAZA V STATE (Supra) that for the
offence of Conspiracy to be proved mens rea is not easy to
locate as it is mostly buried in secrecy and the actus reus of
the offence is easier to locate and then mens rea can be drawn.
In the instant case by the evidence of the prosecution
witnesses and the exhibits referred to above, I hold the view
that the prosecution has proved the offence of conspiracy
beyond reasonable doubt against the 1st and 2nd Defendants
and I so hold. Accordingly, the 1st and 2nd Defendants are
hereby convicted of the offence as contained on count 1 as
charged.
On Count two (2) of the charge contrary to Section 19 of the
Corrupt Practices and Other Related Offences Act 2000, I had
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