For ease of reference I shall reproduce Count one of the charge
against the defendant.
“COUNT ONE:
That you Mary Okoh on or about February 29, 2012 within the
jurisdiction of the High Court of the Federal Capital Territory
with intent to defraud did obtain the sum of N30,000,000
(Thirty Million Naira only) from Okon Amasi (Director, Mutual
Alliance Property Development Co. Ltd) purportedly for the sale
of
a
property
at
Plot
10,
Federal
Government
Layout,
Gwarimpa, FCT, Abuja under the false pretence that you own
the said property which pretence you knew to be false and
thereby committed an offence contrary to Section 1(1)(a) of the
Advance Fee Fraud and Other Fraud Related Offences Act,
2006 and punishable under Section 1(3) of the same Act.”
The particulars of the above offence is that the defendant with intent
to defraud obtained the sum of N30million from Okon Amasi purportedly
for the sale of a property at Plot 10, Federal Government Layout,
Gwarimpa Abuja FCT, Abuja under the false pretence that she owns the
property which she knew to be false.
Upon
a
consideration
of
the
evidence
of
all
the
prosecution
witnesses, it is only P.W.3 that gave evidence on the alleged transaction
between the defendant and Okon Amasi. His evidence of the transaction is
not an eye witness account. His evidence is a recount of the allegations
in the petition (Exhibit 6). What is contained in Exhibit 6 are allegations
which the law requires must be backed by proper evidence. P.W.3’s
evidence is that Okon Amasi came to EFCC to adopt Exhibit 6 and made
a written statement which was tendered and admitted in evidence as
Exhibit 9. Okon Amasi was not called as a witness and was therefore not
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