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 11

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