and Fifty Million Naira (N250, 000, 000) to Pinnacle Communications for the Supply of Broadcast
Equipment for PRTV.
Now, it is the Duty of the Accountant General and the Relevant Ministry to Disburse Funds to
Contractors and the Witnesses who gave evidence on Government’s Disbursement, confirm the fact
that, it was not for the Governor to Disburse Funds directly to Contractors. Mr. Cyril Tsenyil, the
Present Accountant General of Plateau State had testified on the Procedure for paying Contractors, to
include the Accounts Department of Ministries, Parastatals and Agencies and it was for the
Accountant General, to disburse the Funds of Plateau State Government. Further, there is evidence led
by the Defendant’s own Witness, Mr. Paul Datugun, DW7, the Central Cashier, who stated that only
the Accountant General controlled the Incomes and Expenditures of all Ministries, Parastatals and
Agencies and more importantly, he had statedthat No Government Official, including the Governor,
could sideline the Central Cashier, in order to pay any Contractor.
Since the Defendant, had paid the Sum of Two Hundred and Fifty Million Naira (N250, 000, 000) in
respect of the PRTV Equipment to Pinnacle Communications, his Commissioner of Information ought
to have known this Fact and the Defence, ought to have called the Relevant Commissioner, who would
have had knowledge of the Payment made by the Defendant or produced Records of this Payment.
It is worthy of note that the Draft Covering the Sum of Two Hundred and Fifty Million Naira (N250,
000, 000) paid to Pinnacle Communications, emanated from the Central Bank of Nigeria’s Cheque
meant for Ecological Purposes, that is, it was meant for Reclamation and Channelization. The
Defendant in bothHandwritten and Typewritten Instructions had instructed the AllStates Trust Bank
Plc., to issue a Draft in favour of Pinnacle Communications, contrary to the Directive in the Central
Bank of Nigeria Cheque and contrary to the Purpose in the Payment Voucher from the Ecological
Funds Office in Abuja as seen in Exhibit P14. By the Evidence rendered by Detective Musa Sunday,
PW1, this Sum was traced to Pinnacle Communications, and the Company confirmed receipt of the
Funds on the ground that it was a Contractor with the Plateau State Government.
The Purpose of the Funds was diverted from Ecological Purposes to TV and Radio Services and there
had got to be a very good reason to justify the Diversion. The Prosecution had attempted to explain
the Purpose for this Diversion, to be for the Purchase of a Flat in London, by the Chairman/CEO of
Pinnacle Communications for the benefit of the Defendant. He had based his Submission on the fact
that this Flat was purchased in September 2001 and also on the Statements obtained by the
Metropolitan Police from Mr. Lucky Omoluwa and the Defendant. He had referred to Bank Statements
from Knightsbridge, Tape Recordings of the Defendant obtained during his Arrest, BUT had not
furnished any of these Evidence before the Court. The fact that the Dates of 20th July 2001 and
September 2001 are Close in Time, does not naturally say, that the Payment, was for that Purpose.
Had the Prosecution tendered the Initial Deposit sent to Rowberry Solicitors and their Bank Account,
or even the Statement of the Driver, Mr. Wagdi, and summoned Mr. Lucky Omoluwa or his Cousin, and
furnished their Bank Statements, perhaps, and only perhaps, could claim to prove the Direct Linkage
between the Payment of the Sum of Two Hundred and Fifty Million Naira (N250, 000, 000) made on
the 20th of July 2001 to the Purchase of the Flat in London at some uncertain date in September 2001.
He failed woefully on this Score.
What he was able to establish however, was that the Funds meant for Ecological Purposes were
Misappropriated and Disposed of contrary to the Mandate on the Payment Voucher from the
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