NIEGERIAN ARMY (2003) NWLR (pt. 807) P. 526 and a number of other cases, Counsel listed the ingredients to be proved by the prosecution to establish the offence of conspiracy for which the 1st – 3rd Defendants were charged. He contended that from the entire evidence before this Court, the prosecution has failed to sustain the charge of conspiracy against the 1st, 2nd and 3rd Defendants. Referring this Court to the case of ONWUDIWE V. F.R.N. (2006) ALL FWLR (PT 319) P. 77. Counsel also listed the ingredients which the prosecution must prove in the charge of obtaining money by false pretence. He submitted that the prosecution has failed to establish pretence by the Defendants jointly or severally. He contended that the evidence of PW2 is unreliable in view of Exhibits 12 and 12A. He contended that the statements of the 1st, 2nd and 3rd Defendants to the EFCC (admitted in evidence as exhibits) do not amount to confessions. He submitted that the essential ingredient of the offence of obtaining money under false pretence was not successfully made out against the Defendants. He submitted that the prosecution thus failed to place relevant facts before the Honourable Court to warrant their conviction on all counts of the charge. He urged this Court to discharge and acquit the Defendants on all the three Counts charge. In his address, Counsel to the 4th and 5th Defendants submitted that the issue of whether the prosecution has discharged the burden of proof required of them in this case must be answered in the negative. He submitted that the prosecution must prove that the Defendants had an intention to defraud in an allegation of the offence of obtaining by false pretence. He cited the case of ADIMORE V. AJUFO (1988) 3 NWLR PT. 80 P. 1 and a host of others. He contended that the evidence of PW3 shows that the 4th and 5th Defendants did not in any way defraud or intend to defraud the nominal complainant as there was no transaction between them. He posited failure to call a vital or material witness is fatal to the case of the prosecution. He contended that the nominal complainant was not called to testify to enable the 4th and 5th Defendants cross-examine her. His position is that the presumption of withholding evidence is therefore against the 8

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