offence. Counsel relied on the cases of STATE V AJAYI,
(2016) 14 NWLR (pt 1532) page 196 at pages 231 – 232
paragraphs H – A and YAKUBU V STATE, (2014) 8 NWLR
(pt 1408) page 111 at 124 paragraphs C – E.
In the instant case the learned Counsel stated that a review of
the evidence of all four prosecution witnesses (PWs 1 – 4),
none of the witnesses even alleged conspiracy against either
the 1st or the 2nd Defendant and no cogent evidence was led
whatsoever to establish the three ingredients of conspiracy as
laid down in law. According to Counsel, that PW1 in his
evidence asserted that the relationship between the
Defendants was purely professional and was not aware of any
meeting between them for the purpose of conferring corrupt
advantage on 1st Defendant’s relations. He also submitted that
PW2 denied knowledge of any meeting between the 1st and 2nd
Defendants for the purpose of allocating land to 1st Defendant’s
relations. PW3, according to Counsel, in his testimony could not
equally confirm any non-professional relationship between the
Defendants and could not say from his investigation if there is
any personal relationship between them while PW4, throughout
his testimony could not establish any agreement between the
Defendants to commit the offence of conspiracy alleged against
them.
Learned Counsel therefore submitted that the prosecution
failed woefully to establish the ingredients of conspiracy and he
urged me to resolve issue one in favour of the 1st Defendant.
ISSUE TWO
At paragraphs 4.11 – 4.17 of the final written address of the 1st
Defendant, learned Counsel submitted to the effect that by the
3rd amended charge, the prosecution must lead cogent
evidence that the 1st Defendant was land officer on or absent
the month of July, 2000. Secondly, the prosecution must prove
that the 1st Defendant used his position as land officer to confer
unfair advantage on a company belonging to himself; thirdly,
the prosecution has the duty to prove that the 1st Defendant
caused title documents of Plot SS1 Jikwoyi Extension III to be
issued to a company belonging to him and lastly that Pax
Education Resources is a company belonging to the 1st
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