ownership of the land in dispute to PW5 and could not have asked
the Defendant to sell same to PW2.
Having said the above, as I said earlier, by the evidence of PWs
1, 2, 5 and 7 and exhibit I and the attached receipt, exhibit 2 and
its attachments, and exhibits 6, 6(a) and 9 the essential
ingredients of the offence of obtaining by false pretence contrary
to Section 1 (1) (a) of the Advance Fee Fraud and Other Related
Offences Act, 2006 have been established by the prosecution in
that the Defendant received the Right of Occupancy and the sum
of N210,000 from PW7 on the instruction of PW5 with the false
pretence of revalidation and recertification of the Right of
Occupancy by the Defendant at Abuja Geographic Information
System.
Further, by the evidence of PWs 5 and 7 exhibits 1 and 9, the
false pretence operated in the minds of PWs 5 and 7, and PWs 5
and 7 handed over to the Defendant the Right of Occupancy over
plot L84 Dape District for recertification and the Defendant fully
know and he was aware that the pretence to PWs 5 and 7 was
false. And by the evidence of PW2, 5 and 7 and statement of the
Defendant exhibits 6 and 6(a), as a result of the pretence to PWs
5 and 7, the Defendant obtained the sum of N3,900,000 from
PW2 by selling Plot L84, Dape District, belonging to PW5, Haruna
Audu Mamza. And finally, that the Defendant did the false
pretence with intent to defraud. The evidence of PWs 1, 2, 5 and
7, exhibits 1, 2 and the evidence of PW4, the forensic examiner
and its report, exhibit 8, the Defendant by raising or preparing
false documents of title in order to dispose of the Plot L84 Dape
District is a clear demonstration that the Defendant had the
intent of defrauding Haruna Audu Mamza, PW5.
Thus, having critically examined the evidence adduced by the
prosecution in respect of Count One (1), it is important to note
that the terms false pretence denotes the offence of knowingly
obtaining title to another person’s property by misrepresentation
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