examination. She contended that the testimonies of the 1st and
2nd Defendants did not cast any reasonable doubt on the
prosecution’s case. On the issues raised by the Defendants’
Counsel, it is the position of Prosecution Counsel that the
Prosecution has led evidence through its witnesses in proof of all
the counts of the charge. She posited that two different cheques
were contemplated in Counts number 2 and 3.She said the issue
of merging counts in a charge has been sufficiently settled by
Section 209 of the Administration of Criminal Justice Act 2015.
She submitted that PW1 testified on what he witnessed while the
Supreme Court in AJIBOYE V. STATE (1994) 8 NWLR PT. 364
P. 587 has laid to rest the issue of whether evidence of an
investigating officer amounts to hearsay.
The prosecution
Counsel submitted that the fact that the nominal complainant was
not called as a witness does not in any way affect the proof of the
Prosecution’s case against the Defendants. She posited that it is
not in all cases that a nominal complainant must give evidence
and she relied on the case of UGWU V. STATE (1998) 7 NWLR
(PT. 558) P. 397. Learned prosecution Counsel therefore urged
me to convict the Defendants accordingly as the Prosecution has
proved the offences of conspiracy and obtaining money by false
pretence against them. She also urged this Court to convict the
3rd Defendant and reserve her sentence until when she is arrested
or surrenders herself to the custody of the Court in line with
Section 352(4) & (5) of the Administration of Criminal Justice Act
2015.
Now as I said earlier, the learned prosecuting Counsel in order to
prove the ingredients of the offences contained in the amended
charge against the Defendants, called three witnesses and
tendered a number of exhibits. The brief evidence of the
prosecution’s case is that PW1 is Isename Alfred Omemena, a
personal Assistant to one Ebikabowei Victor, the Managing
Director of Pensam Mordant and husband of the nominal
complainant in the instant case. According to PW1 that
sometimes in 2011 his boss , Ebikabowei Victor informed him of
the discussions he had with his wife, Mrs. Sonia Victor pertaining
to availability of Federal Government Houses for sale. PW1
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