dated the 12th of July 2001 with Accompanying Documents, where at Page 24 thereof, the Permanent
Secretary of the Ecological Funds Office minuted on the 12th of July 2001, the following: “For Immediate Action Please. The Governor is waiting to collect the Cheque TODAY.”
This Comment, without more, corroborates the testimony of PW2, Mr. Adewusi, who testified that on
his return from the Central Bank of Nigeria, where he went to collect the Cheque, he met the
Defendant seated in the Office of the Permanent Secretary and this Comment further contradicts the
testimony of Victor Dilang himself, when he testified that he went alone to pick up the Cheque from
the Ecological Funds Office.
PW2, Mr. Adewusi, a Principal Accountant from the Ecological Funds Office, stated that the Cheque
was written in the name of Plateau State Government and was supposed to be paid into the Plateau
State Government Account.
DW1, Mr. Adonye Roberts, a Former Staff of the AllStates Trust Bank Plc., under Cross-Examination
had stated that from his experience, Exhibit P6, the Cheque payable to Plateau State Government was
Public Funds, which ought to be paid into the said Government’s Account although, it was not wrong
to clear the Cheque through a Sundry Account. He knew that Government Funds must be used for
Government Purposes and where Funds were to be used for Ecological Purposes, that Funds must be
used for it only.
DW2, Honourable Geoffrey Teme, a Member of the Plateau State House of Assembly, when questioned
under Cross-Examination in regard to the Cheque, stated that he had expected a Cheque written in
favour of the Plateau State Government, to be lodged in the Plateau State Government’s Account and
spent by it.
DW8, Mr. John Gozen Gobak, a Former Secretary to the State Government, under Cross-Examination
stated that Money received from the Federal Government is channelled through the Ministry of
Finance, who will then pay it into Government Account. These Monies are to be used for the benefit of
Plateau State Government.
DW10, Mr. Gideon Mitu, a Former Permanent Secretary of the Plateau State Liaison Office in Abuja,
under Cross-Examination had stated that as Permanent Secretary, he had never received any funds on
behalf of the Plateau State Government, adding that the Federal Government paid the State
Allocations from the Revenue Account directly in the Plateau State Government’s Account. According
to him, it was wrong for this Allocation to be paid into a Public Officer’s Private Account.
DW15,Sergeant Victor Dilang, the Defendant’s Former Police Orderly, under Cross-Examination when
asked, agreed with the Prosecution that the Cheque was meant for the Plateau State Government.
Through all these Witnesses PW1, DW1, DW2, DW8, DW10 and DW15, the Court finds that the
Cheque from the Central Bank of Nigeria was to have been remitted directly into Plateau State
Government’s Account under the Management of Relevant Officers of the State Government, who had
the Power(s) to collect the Cheque, Process its Payment and finally, make Reference to the Executive
Governor.
As regards the Ecological Funds Cheque from the Central Bank of Nigeria, all the above testimonies of
PW2, DW1, DW2, DW8, DW10 and DW15, corroborate the fact that the Property in the Cheque was
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