documents did not emanate from AGIS or the Land Registry. They wrote back to
EFCC of their findings. PW4 stated that Exhibit P2 is not in any file in AGIS.
Under cross-examination, PW4 stated that before the computerization of the
system, there were instances of multiple allocation but not to the same person or
the same name and he is not aware that any staff of AGIS including directors are
facing criminal charges in court.
With the evidence of PW4, the prosecution finally closed its case.
The defendant never put in a defence despite the more than ample time given him
to do so. It is important to state that this matter has dragged this long precisely
because of the antics and dilatory tactics of the defendant. He initially jumped bail
which led to a revocation of same. When he was arrested, he then feigned that he
had a very serious and terminal ailment and produced a medical report from Lagos
University Technology Hospital (LUTH) which stalled proceedings for a
considerable period of time before it was later determined that the ailment was a
ruse when he was arrested again and prosecuted in another court on a different
charge. The prosecution informed court that he was granted bail in the other court
and that he jumped bail. The defendant however never appeared in this court again
thereby frustrating proceedings. The court was thus compelled to have recourse to
the provision of Section 352 (4) of the Administration of Criminal Justice Act
(ACJA) 2015 to proceed with hearing in the absence of the defendant and in the
absence of reasonable explanation for his absence.
It is only apposite to add that despite the absence of defendant, his counsel
however appeared constantly in court. Accordingly, with the closure of the case of
prosecution, counsel for the defendant sought for an adjournment to open his
defence. The matter was adjourned at his instance but counsel never appeared in
court again despite service of hearing notices. The defence was then foreclosed
and parties ordered to file their final address. Learned counsel to the defendant
here too, elected or chose not to file an address.
The written address filed on behalf of the prosecution by T.N Ndifon of counsel
dated 2nd March, 2017 and filed same date in the Court’s Registry raised one issue
as rising for determination to wit:
“Whether from the quantum of evidence adduced by the prosecution and
exhibits tendered, it could be said it has discharged the burden on it by
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