By the Movement of this Money, it is clear that the Sum of Two Hundred and Seventy-Three Million Naira (N273, 000, 000) lost its Original Form and Content. From being a Short Term Fixed Deposit Sum, part of the Money had been disposed of, for the Use of Ebenezer Retnan Ventures. The Defendant was expected at this Point, to produce a Payment Voucher, justifying this Withdrawal to a Private Company. There was no such Voucher or any explanation as to the Specific Sum of Two Hundred and Seventy-Three Million Naira (N273, 000, 000). Further, even though the Defendant did not testify, he did not mention this Figure in his Extra-Judicial Statements, and during the Trial, the Defence adduced NO evidence through ANY Witness in regard to this Specific Sum. He was fully aware of this Allegation but did not address it. There is also the fact that the Sum of Two Hundred and Seventy-Three Million Naira (N273, 000, 000), was for a Defined Purpose, which was for Ecological Purposes. It was NOT in evidence that Ebenezer Retnan Ventures performed any Ecological Services to the Plateau State Government or that Due Process was followed in regard to the Withdrawal from this Amount. In the absence of contrary evidence justifying the Payment, it can be safely assumed that there was a Misappropriation of this Fund as well as the Disposal and its Use, which was diverted from its Origin Purpose to cater for Ecological Purposes. The Defendant, as the Chief Executive Officer approving every Expenditure of Plateau State, is found to have sanctioned its Disposal in a Circuitous Manner that only be described as Dishonest and is therefore found as a Public Officer, to have been entrusted with Dominion and Control over the Sum of Two Hundred and Seventy-Three Million Naira (N273, 000, 000) forming part of Plateau State Government, which he Misappropriated in Violation of his Oath of Office thereby committing Criminal Breach of Trust in respect of Count 17. As regards Counts 8, 10 and 19, the evidence adduced was the same and would be treated in One Stride. Learned Silk, Kanu Agabi SAN, representing the Defence, submitting on this Issue, stated that the Prosecution misunderstood the Allegations as he alleged Abuse of Office as opposed to Misappropriation. He stated that based on this faulty misconception, that the Prosecution proceeded to apply the evidence of the Witnesses called and the Exhibits tendered, and therefore every Submission made by him, is of no moment. According to him, the Foundation of Count 8 was faulty and every Evidence and Submission made thereon is bound to fail. Further, as regards Counts 8, 10 and 19 in general, he submitted that the Evidence of Sergeant Musa Sunday was inconsistent with these Counts. He referred to the Contradiction in his Evidence, when he stated that Ebenezer Retnan Ventures was a Registered Company as opposed to the fact that it is an Unregistered Company and not in Existence. He also referred to the Testimony of Mr. Bamanga Bello, on the Status of the Venture and urged the Court not to pick and choose, which of the Two Pieces of Evidence to believe. Learned Senior Counsel also referred to the Judgment delivered by My Learned Brother, Liman J., in CHARGE N0: FHC/KD/144C/2004 in FEDERAL REPUBLIC OF NIGERIA VS AWE ODESSA& 5 ORS, to state that His Lordship had exonerated the Defendant from Criminal Breach of Trust by stating, that the Disbursements was an Official Act of the Government of Plateau State. Turning to the Extra-Judicial Statement of Chief Joshua Chibi Dariye himself, in Exhibit P13A, the Defendant had stated: 175