She contended that the 2nd Defendant had stated in his
examination in chief that he informed the 1st Defendant that the
houses were no longer available and yet they went ahead and
received the sum of N20,000,000 to process the houses that were
no longer available.
Relying on the case of ALAKE V. STATE (1991) 7 NWLR (PT.
205) P. 557, the Prosecution Counsel listed the ingredients to
prove the offence of obtaining by false pretence. She submitted
that the Prosecution in this case has proved all these ingredients
beyond reasonable doubt. She said the Prosecution Witnesses’
evidence was to the fact that the false pretence emanated from
the 1st – 3rd Defendants when they held themselves out as
capable of procuring House 11B Vanem Crescent, Abuja and No.
84 Yakubu Gowon Street, Asokoro from the Ad-hoc Committee on
the sale of Federal Government Houses for the nominal
complainant and premised on this the nominal complainant paid
the sum of N20,000,000 as processing fees for the said
properties. Counsel contended that this false pretence from the
Defendants operated in the minds of the nominal complainants
who believed it and parted with N20,000,000 as processing and
facilitation fees. She further submitted that it is apparent that the
Defendants knew that the properties were no longer for sale as
the 2nd Defendant admitted in his examination in chief that as at
when he met with the 1st and 3rd Defendants to discuss about the
properties, the sale of federal government properties had stopped
bidding since 2008. That the 2nd Defendant had shared with the
1st Defendant that the houses were no longer available. Counsel
submitted that evidence which is not disputed is before the Court
that the sum of N20,000,000 was received vide bank drafts
through the account of the 5th Defendant on pretence of
purchasing properties. On the ingredient of intent to defraud,
Counsel reiterated that the Defendants knew about the false
pretence and yet obtained the said sum from the nominal
complainants.
Learned Prosecution Counsel submitted that the testimonies of all
prosecution witnesses were not contradicted or shaken in cross
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