STATE [2003] 31 WRN 104 at 122 and MILLER v MINISTER OF
PENSION (1947) 2 ALL ER 372 at 373.
Against the backdrop of the foregoing, the straightforward issue arising
for determination is whether the prosecution has adduced sufficient,
cogent, credible and compelling evidence to establish the charge
against the accused person beyond reasonable doubt; and it is on this
basis that we shall proceed presently to consider and evaluate the
evidence adduced which has already been set out in extenso
hereinbefore.
The charge in Count One is that sometime in March 2011, the accused
person, Momoh Yunus Jimoh obtained the sum of N6.2m from one Deacon
Daniel Okhionkpamwonyi (PW1) by false pretence and with intent to defraud
by selling landed property known as Plot No. CP 1492 measuring five hectares
and Plot No. MF 719D measuring one hectare said to be situate at Lugbe 1
Extension Layout, along Airport Road, Abuja, which he knew to be false, and
thereby committed an offence contrary to s. 1 (1) (a) and punishable under s.
1 (3) of the of the Advance Fee Fraud and Other Fraud Related Offences
Act No. 14, 2006. It is submitted on behalf of the Prosecution that the
PW1 gave a vivid account of how he entered into a failed land deal with
Mrs. Elizabeth Agboga (PW2) and paid the sum of N6.2m for Plot Nos.
CP 4192 and MF 719D, Lugbe 1 Extension, Abuja, and since the accused
person was the person who gave the land documents to PW4 who in
turn handed over to PW2 whom the PW1 dealt with at all material times,
it is clear that the accused person obtained the sum of N6.2m from PW1
by false pretence through the medium of contract. Citing DAGASH v.
BULAMA [2004] 4 NWLR (PT. 205) 567, the Prosecution further
contended that even without the testimony of the prosecution's
witnesses, especially that of PW1, which was not in any way discredited
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