of particularly using the forged document as a document emanating from
the Federal Housing Authority. I have gone through the entire evidence
adduced by the prosecution in this case, and I do not find any iota of
evidence to establish that the defendant used the forged document as a
document of the Federal Housing Authority. The defendant has been found
guilty of forging the document but to secure a conviction under Count 3
of the charge, the particulars provided in the offence must be proved.
That the defendant presented the forged document as one emanating from
the Federal Housing Authority is not proved and I so hold. The
offence
alleged against the defendant in Count 3 of the charge is not proved.
She is therefore discharged and acquitted on Count 3 of the charge.
In conclusion, I find you, Mary Okoh guilty of the offence of forgery
contrary to Section 362(a) of the Penal Code and punishable under
Section 364 of the Penal Code. You are accordingly convicted of the said
offence accordance with Count 2 of the charge. I find you, Mary Okoh
not guilty on Counts 1 and 3 of the charge proffered against you. You
are discharged and acquitted on Counts 1 and 3 of the charge.
The prosecuting counsel in his final written address submitted as
follows:
“5.0 RESTITUTION
Prosecution has shown in the course of trial that the
defendant
defrauded
N30million
(Thirty
Amasi
Million
Okon
Naira)
to
the
tune
of
which
the
defendant
withdrew through cheques.
In the probable event that the Court finds that the
prosecution
has
discharged
its
burden
of
proof
and
convicts the defendant, Section 11 of the Advance Fee
Fraud
and
other
Fraud
28
Related
offences
Act,
2006