of fact(s) with the intent to defraud. In the case of
CHUKWUEMEKA AGUBA V FRN, (2014) LPELR 23211, the
Court of Appeal on the meaning of the offence of obtaining by
false pretence held thus: “False pretence means a representation, whether
deliberate or reckless, made by word, in writing or
by conduct of a matter of fact or law, either is
false in fact or law, and which the person making
it knows to be false or does not believe to be
true.”
In the instant case by the evidence of PWs 5 and 7 and exhibit 1,
the false representations of the Defendant that the process of
revalidation or recertification was still on going until PW5 visited
Abuja Geographic Information System and discovered alarming
facts about Plot L84 in which by the evidence of PW2, Maryam
Buba and exhibit 5 as well as the evidence of PW1, the Defendant
had sold out Plot L84 Dape District at the cost of N3,900,000 to
PW2.
Thus, therefore, by the evidence adduced by the prosecution in
respect of Count 1, I hold the view that the prosecution had
established the elements of the offence of obtaining by false
pretence against the Defendant beyond reasonable doubt and I
so hold.
In respect of Counts 2, 3, 4, and 5 against the Defendant, as a
recap, Count Two (2) is for the offence of forgery of a general
form of Affidavit, Count Three (3) is fraudulent use as genuine a
form of Affidavit while Count four (4) is forgery of application for
Re-certification and Re-issuance of Certificate of Occupancy of the
Ministry of the Federal Capital Territory dated 30th November,
2005 with intent to defraud while Count Five (5) is fraudulent use
as genuine an application for Re-certification and Re-issuance of
Certificate of Occupancy of Ministry of the Federal Capital
Territory dated 30th November, 2005.
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