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
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