for PDP South-West. He made a Photocopy of the Draft, which was signed as Acknowledgement Copy and he had given this Copy to the Defendant. The Defendant in his Extra-Judicial Statement admitted as Exhibit P13A, had listed the Distribution of the Ecological Funds to include in Item 3, the “PD S/W” to whom the Sum of One Hundred Million Naira (N100, 000, 000) was given on the 20th of July 2001. He had indicated on the Side that these were Two Distinct Transfers to Two Separate Organizations. The Defendant in this Exhibit stated thus: “These instructions came from me as I was then directed. The PDP S/W Draft of N100m was collected by Mr. Yomi Edu…(Handwriting and type instruction on the Ecological Fund).” According to PW1, Musa Sunday, under Cross-Examination the Defendant did not tell him that there were Conditions attached to receiving the Money. Further, under Cross-Examination, Detective Musa Sunday stated he did not participate in the investigation involving the return of the Sum of N100Million in 2004 by the President of the Federal Republic of Nigeria, President Olusegun Obasanjo that had been initially paid to Mr. Yomi Edu for PDP South-West. It is in evidence that President Olusegun Obasanjo, on being informed of this Money, returned this Amount allocated to the SouthWest. When questioned why it was only the Defendant who was charged to Court in respect of the Sums alleged in the Charge, Detective Musa Sunday responded that Investigations were still ongoing. Chief Joshua Chibi Dariye had made reference to his Handwritten and Typed Instructions in Exhibit P4. It is noted that he did not state the REASONS why these Funds were given to the then Honourable Minister of Special Duties, Mr. Yomi Edu for the benefit of PDP South-West, except to say that he was directed. He also did not say WHO directed him to make this Payment. More importantly, he did not say that this Fund was to be used to satisfy any Ecological Needs of Plateau State Government. Yet again, the Defendant’s Former Lawyer, G.S. Pwul SAN, sought to establish through his line of Questionings during Cross-Examination, that this Money represented a Pre-Condition to the Defendant before he got the Money. He had also focused on the Record Time it took for the Processing and Collection of the Central Bank of Nigeria’s Cheque to be a compelling factor for the rapid release of his SOS Monetary Request. One fact, which stands as Strong as the Rock of Gibraltar, is that whether or not President Olusegun Obasanjo received the Sum of N100Million but subsequently returned the Money, does not change the Act of Disposal, and the Return of this Money, only reinforces the point of an Initial Disposal. This Disposal, Permanent or Temporal, effected a loss wrongfully incurred, at the time the Disposal occurred. The Defendant knew that the AllStates Trust Bank Plc. would carry out his Instruction, and that the Monies precipitating from the Cheque would be disposed to each beneficiary as per his Instruction. Therefore, Chief Joshua Chibi Dariye, being a Public Officer, entrusted with the Dominion and Control of the Ecological Funds for Plateau State, had the Duty to ensure efficient use of the Money belonging to the Plateau State Government and in the absence of any Reason or Explanation Why PDP SouthWest had to benefit from this Funds, the Court must assume that it was not for any Lawful Reason and therefore, the Defendant to have breached the Trust reposed on him by the Citizenry of Plateau State. There was no evidence of Due Process being followed for this Payment, with no Formal Accountability rendered by Chief Joshua Chibi Dariye to the Plateau State Government. It was expected that he entered the Witness Box to explain the Reasons Why such Payment was made and there was also no 144