Victor had admitted this to him. He said Mr. Victor however did
not told him the full story of the transaction although he worked
with Mr. Victor at the time. He was merely asked to go and see
the 2nd Defendant’s plot by Mr. Victor. He said there was no
particular resolution reached with Mr. Victor in this matter even
though the nominal complainant appears to be Mrs. Sonia and
not Mr. Victor. The 4th Defendant stated that he is a Director of
the 5th Defendant as well as a signatory to it account. DW3 stated
under cross examination that it is correct that the sum of
N20,000,000.00 was paid into the account of 5th Defendant on
behalf of his wife. He said the 1st Defendant had dealings with the
husband of the nominal complainant. That the 1st Defendant is
certainly not a staff of Ad-Hoc Committee but an agent. He said
he was providing consulting and contracting service to Mr. Victor.
He said it will be incorrect to say that he, the 1st,2nd and 3rd
Defendants work as agents. He stated that it will not be correct to
say he benefitted from the sum paid in the course of the
transaction.
In order to resolve the contending issues in this case,let me first
of all address the issue of jurisdiction because any decision taken
by this Court on the substantive matter without jurisdiction is a
waste of precious judicial time. Counsel to the 1st – 3rd
Defendants has raised the issue of this Court’s jurisdiction to
entertain the charge in this case. Counsel is talking about lack of
evidence to sustain the charge against the 1st, 2nd and 3rd
Defendants. I have read the amended charge. The Defendants
have been alleged to have committed acts recognized as
punishable offences under our criminal laws. The issue of failure
to adduce evidence to sustain the charge against the Defendants
does not affect the competence of charge or render it
incompetent. It simply means the Prosecution has failed to prove
the allegations contained in the charge on the standard of proof
required in criminal cases. This can only be determined after
weighing the evidence before the Court. It would therefore
amount to turning the law on its head to say that having failed to
prove the allegations in the charge then the charge is
incompetent. That is not the law. Where prosecution fails to prove
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