secretary of lands allocation committee. Further, from the
statement of the 1st Defendant, exhibit 11, there is no dispute
that he has interest in the allocation to PAX Education
Resources, a company that has never applied for allocation of
land and even the policy file, exhibit 18 that suppose to bear
the name of PTA (Nigeria) Limited, exhibit 18 bears the name
of PAX Education Resource. And it is common knowledge that
the 1st Defendant, being the secretary of land allocation
Adjudication Committee, was the custodian of the records
pertaining to land allocations and or applications for land within
the period in question. Further by the evidence of PWS2,3,4,
exhibits 9,10 and 11, the interest of the 1st Defendant in plot
SS1 Jikwoyi Extension III is crystal clear. And by the actus reus
of the 1st and 2nd Defendants in their avowed pursuant to deny
and deprive the nominal complainant the Proprietor of Fine
Trust Academy of Plot SS1 Jikwoyi Extension III, by the said
human error admitted by the 2nd Defendant and his refusal to
rectify same, and by the steps taken by the 1st Defendant that
culminated into the 1st Defendant pursuing or visiting the site
of SS1 Jikwoyi Extension III and urging the Proprietor of Fine
Trust Academy, PW4 to return the title documents of the said
plot and keep off the said Plot in his own interest and the
prosecution of PW4, the Proprietor of Fine Trust Academy, the
actions of the 1st and 2nd Defendants, the actus reus of the 1st
and 2nd Defendants, mens rea can be drawn or inferred.
However, I have perused the testimonies of DWS1,2,3,5 and 7
called by the 1st Defendant. The testimonies of DWS1,2,3,5 and
7 including exhibits 15 and 20 are not helpful to the 1st
Defendant or the 2nd Defendant. DW1 in his testimony in- chief
stated thus:“The name in which I first applied for the land
was P.T.A meaning Pius. Terwase Ajike. The
land was not allocated in the name of PTA. The
name in which the land was allocated was Pax
Education Resources.”
DW1 testified further in examination in chief as follows:“In the lands registry, I was then advised to get
an Educational name and the new name Pax
47