and 5th Defendants. And it is in evidence by the PWs1 and 2 that the 4th and 5th Defendants were not aware of the transaction in the instant case. In otherwords there was no pretence of any such by the 4th and 5th Defendants neither was there any pretence emanating from them. This is to say there was no pretence that makes such pretence false and the nominal complainant or her husband never parted with any property, in this case, money to the 4th and 5th Defendants. The crime of the 4th and 5th Defendants appears to hinged on the fact that the account of the 5th Defendant was used to lodge the N20, 000,000.00. There is no evidence by the prosecution that the 4th and 5th Defendants were aware that the N20, 000,000.00 was a product of fraudulent transaction. The 1st defendant, from the evidence before the Court was the wife of the 4th Defendant and the N20, 000,000.00 was disbursed in accordance with the 1st defendant’s instruction. PW3 testified under cross examination thus:“It is correct that the N20, 000,000.00 deposited in the account of the 5th Defendant was disbursed in accordance with the instructions of the 1st Defendant.” The above testimonies of PW1 and PW3 especially the conclusion of PW3 under cross examination to the effect that “ we included the 5th Defendant in the charge because the cheque was raised in its name.” In my mind should not be the yard stick of putting the 4th and 5th Defendants to go through the rigours of this criminal trial. By the evidence adduced by the prosecution witness the elements of the offence have not been established against the 4th and 5th Defendants by the prosecution and certainly, there is no way the prosecution would secured a conviction against the 4th and 5th Defendants. In the instant case, the prosecution having failed to prove the ingredients of the offences under counts 2 and 3 against the 4th and 5th Defendants, the 4th and 5th Defendants are entitled to be discharged and acquitted on the 2nd and 3rd counts. Accordingly, the 4th and 5th Defendants are hereby discharged and acquitted on counts two and three of the amended charge. In respect of the 1st, 2nd and 3rd Defendants, by the evidence of PWs1,2,4 exhibits 8,9 and 10 as well as exhibits 6,1and 5 39