PW3. On the evidence, PW4 from AGIS or issuing authority stated categorically
that it is the only recognised lawful allocation on the disputed plot. The owner
PW3, stated that he never sold or transacted business over the land with defendant
and infact does not even know him. The critical question then is how did defendant
come about this letter of offer he sold to PW2 which on the unchallenged evidence
of PW1, PW2, PW3 and PW4 is not genuine but forged. The defendant did not
proffer evidence of how he came about his own letter of offer over plot 1528.
It is trite law that where an alleged maker of a document raises the issue of forgery,
the onus is on the person asserting that same was made by the other person to
prove due execution; in other words, where the alleged maker of a document
denied making it, the person alleging that the other is the maker must prove same
creditably. See Fatunde V Onwoamanam (1990) 2 N.W.L.R (pt.132) 322 at 334
para: C. See also the case of Carlen (Nig.) Ltd. V UNIJOS (1994) 1 N.W.L.R
(pt.323) 631 at 666.
In this case, the issuing authority of all lands in the Federal Capital Territory vide
Exhibit P8 stated that Exhibits P3, t he offer letter which is the same as Exhibit P17
which defendant gave to PW2, the norminal complainant for value is a “cloned
copy” and forged. As already alluded too, they confirmed that Exhibit P30, the
offer letter dated 25th October, 1993 and issued in favour of Mr. Sunday Ameh
Ako (PW3) is genuine and confirms his ownership of the disputed plot 1528.
It may be apposite at this point to draw attention to the confessional statement of
defendant admitted as Exhibit P9. In the statement, the defendant stated that he
bought the land from an agent in AMAC and that all efforts he made to recertify
the plot and sell same was in vain, before he met one Mr. Paul who introduced him
to one Barrister Fredricks Itula (PW2) who said he was interested in buying the
said plot. It is therefore crystal clear, that the defendant knew that Exhibit P2 is
fake and or forged and that he did not get same directly from the Department of
Land of the Ministry of Federal Capital Territory, Abuja or from PW3 Mr. Sunday
Ameh Ako, the real and authentic owner of Exhibit P30 which explains the failed
attempt at recertification.
It is trite law that extra judicial statements made by a person, are admissible in
evidence at the trial of the person, and if it is evident that they were made
voluntarily by the person, as in the instant case, such evidence become admissible
against him. See Amala V State (2004) 12 NWLR (pt.888) 520 at 549. In law, a
confession in criminal procedure is like an admission in civil proceedings. It is the
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