aware of the N10,000 collected by PW1.
burden
of
proof
must
be
discharged
That
the
beyond
reasonable doubt. That the only evidence that looks
like money is Exhibit ‘A’ being a brown envelop. That
2nd Defendant has not cheated PW1 to the tune of
N150,000 as alleged in Count 3 or duped him in any
way to make him liable for the offence alleged in
Count 3 and 4. That the ingredient of personation by
cheating has not been proved.
The Defendants’ Counsel further filed and moved an
application dated 7/05/18 seeking the Court for an
Order to strike out the Charge No. CR/277/15 for being
incompetent and because the Court lacks jurisdiction.
I thought Learned counsel should have raised the
issues contained thereon in his Final Written Address.
Nonetheless, I shall consider same. He further prays the
Court to strike out the evidence of PW2, PW3, PW4
and Exhibits A, B, C and D. The grounds are that the
Charge is incompetent.
That it did not satisfy the
provisions of Section 379 and 380 of the ACJA 2015.
18
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