I had at the beginning of this judgment deliberately and in extenso stated the
substance of the evidence of the prosecution witnesses.
Now on the evidence which is essentially unchallenged as there is nothing on the
other side of the aisle or scale of justice, it is not a matter for dispute that the
defendant presented himself to one Barrister Fredricks E. Itula, PW2 that he is the
owner of plot 1528 Katampe District, Abuja, with File No. or Right of Occupancy
No. MFCT/LA/90/BN.912. It is common ground on the evidence that the
defendant witnessed and signed a Deed of Assignment admitted in evidence as
Exhibit P28 purporting to have transferred and assigned his interest in the said
land to PW2 for valuable consideration. It is also in evidence that Mr. Sunday
Ameh Ako PW3 whose name is mentioned in Exhibit P28 and who is the genuine
owner of plot 1528 said he is not aware of Exhibit P28 as he is seeing it for the first
time in court, and that he never made nor signed same. Furthermore that he never
commissioned anybody to sell his land. It is similarly not disputed that Exhibit P2
which is the same with Exhibit P17 being the document the defendant gave to the
norminal complainant in respect of the said land was intercepted by AGIS and they
established that it is a forged document. It is also proven in evidence that Exhibits
P3 and P4 being also documents the defendant gave to the PW2 are forged
documents.
These documents Exhibits P2, P3, P4 and P17 are not from Mr. Sunday Ameh Ako
as they were purported to have been made in 1996. It is in evidence that the
authentic and genuine documents in respect of plot 1528 Katampe District, Abuja,
with File No. or Right of Occupancy No. MFCT/LA/90/BN.912 in favour of Nr.
Sunday Ameh Ako were made in 1993 and not 1996. See Exhibits P12, 14,
P15(b), P24, P25, P26(b), P30, P32 and P34(a). It is in evidence that when the
defendant obtained the sum of N2, 050,000.00 (Two Million and Fifty Thousand
Naira) in cash and kind from the nominal complainant PW2, the defendant
presented Exhibits P2, P3, P4 and P28 to PW2 as documents in respect of plot
1528 Katampe District, Abuja, claiming same to be his land which he knew is false
since on the evidence, he was never allocated the plot by the issuing authority and
he never bought same from the lawful allottee, PW3.
The unchallenged evidence of PW1, PW2, PW3 and PW4 show conclusively that
the disputed plot 1528 was never at anytime allocated to the defendant but PW3
and that the documents of title defendant used as the basis for selling to PW2 were
all found not be genuine. The defendant therefore at the time he was making the
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