dated June 15th, 2005 Lamar Abba Gana has
already transferred his ownership of the land to
PW5.”
Now the evidence before me is that by the sale acknowledgment
dated June 15th, 2005 by Lamar Abba Gana attached to exhibit 1,
the Plot No. L84 Dape District was sold to Haruna Audu Mamza
with a consideration of N700,000.00. And by the testimonies of
PWs 5 and 7, after Lamar Abba Gana sold the land to PW5. PW5
on his instruction, PW7 handed over the title documents i.e. Right
of Occupancy to the Defendant for recertification. This is also
confirmed and admitted by the Defendant in his statement,
exhibit 6. Thus, by the later statement of the Defendant at the
end of exhibit 6 that Lamar Abba Gana authorised him to prepare
documents and sale the land to PW2 is not supported by any
evidence. Further, by a document marked D5 attached to exhibit
2, it is dated 15th April, 2003 titled letter of consent to register
Power of Attorney in respect of Plot No. L84 Dape District. The
letter though it was dated 15th April, 2003, it was only received
by Abuja Geographic Information System (AGIS) on the 13th July,
2005. Thus, by the Defendant back-dating the document to 15th
April, 2003, the Defendant intended some bad faith in the
recertification process. This is because, by the document marked
D14 – D17 attached to exhibit 2, i.e. the Power of Attorney
purportedly prepared between Aminu Kofar Mata to Lamar Abba
Gana was signed sometimes on 15th April, 2003 in order to justify
the letter of consent dated 15th April, 2003. Thus therefore I hold
the view that by the sale acknowledgement receipt of Lamar Abba
Gana dated 15th June, 2005 attached to exhibit 1 and the
evidence of PWs 2, 5 and 7 including the statements of Okike
Godwin and Lamar Abba Gana, exhibits 5 and 9 respectively
clearly established the fact that the Defendant had no authority of
Lamar Abba Gana to sale the Plot L84 Dape District to PW2 and I
so hold. I therefore agree with the learned prosecuting Counsel to
the effect that Lamar Abba Gana had already transferred his
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