especially the statement of account of the 5th Defendant that showed disbursement of N20,000,000.00 to the 1st, 2nd and 3rd Defendants, it is crystal clear from the prosecution evidence that there was a pretence by the 1st, 2nd and 3rd Defendants of the existence of Houses nos 84 and 11B earlier mentioned in this judgment. And it is also in evidence that the pretence emanated from the 1st, 2nd and 3rd Defendants that such Houses had been put up for sale by the Ad-Hoc Committee on sale of Federal Government of Nigeria Houses and that the nominal complainant and her husband to prove capacity to buy the Houses which information or pretence they know or knew to be false. And by the evidence of PWs1,2 and 3 and the statements of the Defendants, the non-presentations and keeping of the N40,000,000.00 draft cheques without the knowledge of the Ad-hoc Committee for onward of about three months while the 1st, 2nd and 3rd Defendants had already shared the sum of N20,000,000.00 and they kept on requesting for further sums of money to pay to Government officials as facilitation fee is a clear manifestation of intention to defraud the nominal complainant and her husband, Mr. Victor Ben. On the 5th ingredient, there is no doubt that the cheque of N20,000,000.00 paid into the 5th defendant’s account on the instruction of the 1st Defendant is capable of being stolen and indeed, the false pretence by the 1st,2nd and 3rd Defendants induced the nominal complainant and her husband, Victor to transfer the sum of N20,000,000.00 into the account of the 5th Defendant. I have painstakingly perused the entire evidence of the 1st, and 2nd Defendants as DWs 1 and 2. The testimonies of DWs1 and 2 are not helpful to their course or defence. I therefore disbelieve their testimonies and believe the evidence of the prosecution witnesses in this case. I therefore hold the view that the prosecution has proved the ingredients of the offences contained in counts 2 and 3 of the amended charge against the 1st, 2nd and 3rd Defendants beyond reasonable doubt and I so hold. Accordingly, the 1st, 2nd and 3rd Defendants are hereby 40

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