From the evidence of the prosecution none of the witnesses
testified to the fact that the accused person stole the said cheque
book or leafs that were used for the various withdrawals.
In fact in Exhibit H1 the accused stated, thus:
“All this cheque was brought by Liman Abubakar the son to
the account holder”
And in Exhibit I a co-conspirator Ojeyinka Omotosho (now at
large) stated as follows:
“...I wish to state that Liman Mohammed is a boy who lives in
the same Area 1 with me.
He brought the following UBA
Cheques to me on the 2nd Day of March 2006..”
From the above, it is clear that the evidence of Liman Abubakar
become very material to this matter. I find it difficult to come to
term on why the said Liman Abubakar was never arrested by the
EFCC nor was he called to testify in this matter.
It is also instructive to point out here that even the nominal
complainant whose cheque was allegedly stolen was not even
call as a witness in this matter.
I hold the strong view that the only person who was in a position to
show that the said cheques were stolen was the nominal
complainant, the owner of the cheques. Therefore failure to call
Mohammed N. Abubakar is fatal to the case of the prosecution
and I find it difficult to convict the accused person on counts 2, 3,
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