Therefore, this Court finds the contention made by Kanu Agabi SAN to be untenable and is accordingly
found unmeritorious.
Now, it is not in doubt that the Sum in this Count forms Part of the Funds granted by the Federal
Government to resolve the Ecological Problems in Plateau State and by the Evidence of the Defendant
himself, in Exhibit P13A, he directed the Officials of the AllStates Bank to deposit the Sum of One
Hundred and Sixty Million Naira (N160, 000, 000) to be paid into the Account belonging to Ebenezer
Retnan Ventures, a Venture, he had in the same Statement, admitted belonged to him. His reasons for
paying this Sum into an Account rendered by him remains untold as he did not testify before the
Court to explain his Directives. There is again, the Typed and Handwritten Instructions to the Bank
further reinforcing the fact that the Money was paid into Ebenezer Retnan Account. There is no
contrary evidence before the Court, to explain whether the Payment of this Fund into this Account
was for Services offered or Goods tendered in relation to the Ecological Problems of Plateau State. ASP
Philip Dilang had testified before this Court that he was instructed by the Defendant to Lodge the
Ecological Funds into AllStates Bank in Abuja and had the Written Instructions for the Disbursements
deposited with the Bank. By the mere deposit of this Sum into the Bank Account of Ebenezer Retnan
Ventures and not into the Account of Plateau State Government, Conversion of this Fund by the
Defendant, had taken place. From the Bank Statement of Ebenezer Retnan, there is no evidence seen
from the Withdrawals Column, that this Fund was used for Ecological Purposes for the benefit of
Plateau State.
Also from the Statement of Account of Ebenezer Retnan Ventures in Exhibit P15C, the Court observes
Payments and Withdrawals from these Funds by the Defendant, which further reinforces his
Conversion of the Funds to his Own Use and Benefit.
Therefore, in conclusion on this Count, the Court finds that the Sum of N160 Million belonged to the
People of Plateau State, by virtue of the Grant given by the Federal Government and is a Moveable
Property that legitimately entered into the Possession of the Defendant. However, Chief Joshua Dariye
wrongfully and dishonestly changed the Intention of the Purpose for the Funds and Converted it for
his own Benefit and Use. Therefore, he is found Guilty as Charged under this Count of Offence for
Criminal Misappropriation in Count 3.
Counts 9 and 11, deals with the Offences of Criminal Misappropriation relating to Funds in the
Account of the Plateau State Accountant General Office, which the Defendant is alleged to have
dishonestly misappropriated into the Private Account of Ebenezer Retnan Ventures, an Unregistered
Company, owned by him; and the facts regarding these Counts have already been adequately stated
under the Offences for Breach of Trust and there is no need to restate them again. The Sums involved
in theses Counts are the N204 Million and N53, 600, 643.05.
Learned Senior Counsel representing the Defence on Count 9, had submitted that the Sum of N204
Million formed part of the Funds in the Account of the Office of the Accountant General of Plateau
State, which was transferred into the Private Account of an Unregistered Company owned by the
Defendant. According to him, there was no evidence whatsoever of the Misappropriation alleged or
the dishonest intent. No Officials of the Office of the Accountant General was called by the Prosecution
to testify as to whether the Sum was misappropriated. PW5, Mr. Cyril Tsenyil, knew nothing about the
Case and had merely stated the General Principle that no Payment can be made without due approval
and relevant Payment Vouchers. Finally, on this Count, he contended that the Charge alleges that he
committed dishonest misappropriation by transferring the Funds but there was no evidence of this.
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