Edition 1987 page 76 by S. S. Richardson and plethora of
judicial authorities.
He then submitted at paragraphs 3.15 – 3.29 of the 2nd
Defendant’s address that the prosecution failed to placed
before the Court whether direct or circumstantial to show that
there was any such agreement or confederacy between the 1st
and the 2nd Defendant in proving the offence of conspiracy.
In the instant case, learned Counsel referred me to the
testimonies of PWS 1 and 2 and submitted that they testified to
the effect that they were not aware of any personal relationship
that exist between the 1st and 2nd Defendants apart from their
relationship as colleagues. Learned Counsel also referred me to
the cross examination of PW1 on the 28th June, 2016 by the 2nd
Defendant’s Counsel.
He further submitted that PW2’s evidence under cross
examination on the 28th June, 2016 by the 2nd Defendant’s
Counsel stated that she has never witnessed any meeting
between the 1st and 2nd Defendants. He further submitted that
PWS 1, 2, 3 and 4 all agreed that the 2nd Defendant could not
allocate land to anyone because it is the Land Adjudication and
Allocation Committee that allocates land to successful
Applicants and thereafter instructs the Secretary of the
Committee to issue allocation letters.
The learned Counsel also referred me to the testimony of PW4,
the nominal complainant who testified that he does not know if
any personal relationship exists between the 2nd and the 1st
Defendants. According to learned Counsel, PW4 testified
further that he did not mention the 2nd Defendant in his petition
and that he does not have any complain against the 2nd
Defendant. thus, the learned Counsel for the 2nd Defendant
contended that by the testimonies of PWS 1, 2, 3 and 4 which
were given under cross examination, there is no iota of credible
evidence led by the prosecution whether direct or
circumstantial, to show the existence of any agreement or
confederacy between the 1st and 2nd Defendants in proving the
offence of conspiracy especially as PW3 failed to name the
cohorts that assisted the 1st Defendant to manipulate the
record of the allocation letter of Plot SS1 Jikwoyi Extension.
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