Parties were ordered to file Final Written Address. The Prosecution Final Written
Address is dated 28/09/16. Learned Counsel to the Prosecution adopted the said
Written Address as his oral argument. The Defendant also adopted his Final
Written Address dated and filed on the 19/09/16. The sole issue raised by both
parties for determination is whether or not the Prosecution has proved the Charge
against the Defendant beyond reasonable doubt.
It is the Prosecution’s case that
the Defendant personated a public servant i.e an Operative of the Economic and
Financial Crime Commission.
That from the evidence adduced by PW2 the
Defendant acted falsely or that at best he knew that he did not hold the office in
question.
That it can be circumstantially deduced that even though the text
message could no longer be produced but that the Account Number and Name
could be linked to the Defendant.
That the link which exist is the GTBank
Account Number and Name of the Defendant.
Learned Prosecuting Counsel further submits that there are no contradictions or
conflict in the evidence of the two Prosecution Witnesses. The Prosecution’s
evidence supports a conviction as it leads to only one conclusion that an offence of
impersonation was committed and that it was committed by the Defendant.
Learned Counsel to the Prosecution also canvasses that from the evidence the
offence of an attempt to obtain money under false pretence was committed by the
Defendant. That there was a physical act by the Defendant sufficiently proximate
to the complete act. The Prosecution contends that the acts of the Defendant
clearly point to one conclusion, that the Defendant committed the offence of an
attempt to obtain money under false pretence.
He finally submits that the
Prosecution has been able to discharge its burden of proving the two count Charge.
He urges the Court to find the Defendant guilty and convict him accordingly.
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