Division of the High Court of the Federal Capital Territory
with intent to defraud, obtained the sum of Ten Million Naira
(N10,000,000.00) from one Mrs. Sonia Victor vide a Stanbic
IBTC cheque number 06676308 dated 6th October, 2011
issued by Ebikabowei Victor Ben in favour of Option
Solutions Global Resources Limited under the false pretence
that the money was to be used as commitment and
processing fee for the Ad hoc Committee on the sale of
Federal
Government
Houses
at
Abuja
Geographic
Information System, and you thereby committed an offence
contrary to Section 1(1)(a) of the Advance Fee Fraud and
other Fraud Related Offences Act, 2006 and punishable
under Section 1(3) of the same Act.
In his written address learned Counsel to the 1st, 2nd and 3rd
Defendants submitted on his first issue that this Court lacks the
jurisdictional competence to try the 1st, 2nd and 3rd Defendants on
the incompetent charge upon which the Defendants were
arraigned before the Court. He contended that counts 2 and 3 of
the charge against the Defendants are based on speculation,
suspicion and non-existence of substantial evidence to sustain the
alleged offences. He posited that the three counts are
incompetent, amount to an abuse of court process and are liable
to be struck out. He further submitted that Count 3 is a
duplication of Count 2 and is grossly incompetent.
On his second issue, Counsel to the 1st – 3rd Defendants
submitted that the evidence of PW1 and PW3, as well as the
exhibits tendered through PW3, amount to hearsay evidence. On
the meaning of inadmissible hearsay evidence and duty of
prosecution to call vital witnesses Counsel relied on the case of
FRIDAY V. NIGERIAN ARMY (2016) LPELR-41604(CA) and a
plethora of other cases.
On his third issue learned Counsel to the 1st – 3rd Defendants
submitted that there is no link between the evidence of the
prosecution and the charge against the 1st, 2nd and 3rd Defendants
before this Court. Relying on the case of AMAKERE V.
7