evidence of how this Particular Fund was related to the furtherance of Ecological Projects in the State.
The Defendant is accordingly found to have dishonestly disposed of the Sum in this Count and is
hereby found Guilty as Charged in Count 6.
Count 23, is in regard to the Sum of Two Hundred and Fifty Million Naira (N250, 000, 000), where the
Defendant is said to have committed Criminal Breach of Trust in respect to Plateau State Ecological
Funds released by the Federal Government, by diverting this Sum into the Private Account of Pinnacle
Communications Limited, part of which was used to purchase for the Defendant Flat 28 Regents Plaza
Apartment, 8 Grenville Road, London NW8 at the Cost of Three Hundred and Ninety-Five Thousand
Pounds (£395, 000).
From the Documentary Evidence before the Court, this Sum of Two Hundred and Fifty Million Naira
(N250, 000, 000) was consistently stated throughout the Instructions written by the Defendant to the
AllStates Trust Bank Plc. as well as in his Extra-Judicial Statement to the EFCC inExhibit P13A. This
Sum, amongst other Sums, eviscerated from the Central Bank of Nigeria’s Cheque dated the 12th of
July 2001 in Exhibit P6, meant for Reclamation and Channelization of the Ecological Problems in
Plateau State. The AllStates Trust Bank Plc. was instructed by the Defendant to issue a Draft to
Pinnacle Communications Limited, and in the course of the EFCC’s Investigation, the Bank divulged,
inter alia, a Certified True Copy of the Draft in Exhibit P7, an AllStates Trust Bank Plc.’s Reply Letter
to the EFCC dated the 4th of February 2005.
In this Exhibit P7, the Draft in the Sum of Two Hundred and Fifty Million Naira (N250, 000, 000), was
dated the 20th of July 2001 and made payable to “Pinacle Commercial”. This Draft had affixed on it the
Stamp of the AllStates Trust Bank, Abuja Branch, Clearing Unit dated the 27th of July 2001, marked
“RECEIVED” and another Stamp of Habib Nigeria Bank Limited affixed on the 27th of July 2001,
marked “CLEARING”.
The Court observes a disparity especially with the name “Pinacle Commercial” who in Exhibit P7 took
benefit of the Draft of Two Hundred and Fifty Million Naira (N250, 000, 000) and the name “Pinnacle
Communications Limited” as set out in the Charge Sheet. There is no challenge, directly or indirectly,
but an admission by the Defence, that Pinnacle Communications Limited was obliged this Sum being a
Contractor with the Government of Plateau State. The Defendant in his Extra-Judicial Statement in
Exhibit P13A stated that he knew the Mr. Lucky Omonuwa the Chairman/ Chief Executive Officer of
Pinnacle Communications Limited, which Company was granted a Contract Sum of N997, 000, 000 to
refurbish PRTV (Television Station).
Further in his Statement in Exhibit P13C, the Defendant stated thus:
“Even the disbursement of N250M to Pinnacle was purely on executive discretion, since funds earlier
meant for the TV refurbishing has been for Ecological areas. This is management by exception. As long as
the ends justifies the means, it is still within the Chief Executive to exercise this function for the overall
good of the State.” (Sic)
The Defence in regard to this fact, tendered a Host of Documentary Exhibits marked Exhibits D22 to
D33.
It is important to state that each Documentary Exhibit by their Dates establishes a Trail.
The First Exhibit up for consideration is Exhibit D22, dated the 25th of May 2001. This Exhibit was
written by Mr. B.L. Omoluwa, the Chairman/Chief Executive Officer of Pinnacle Communications to
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