In Count 13, there was no Oral or Documentary Evidence as to where, when and how the Defendant
obtained the Cash Payment from the Government of Plateau State before or on the 25th of March
2003, which he subsequently lodged into his Ebenezer Retnan Ventures Account. The fact the
Defendant personally this Sum of Ten Million Naira in Cash into his Account does not by any shade
equate to a Criminal Intent or that the Money deposited in Cash amounted to Criminal Breach of
Trust.
In regard to Count 15, PW1, Detective Musa Sunday made no mention of the fact that First Bank Plc.
was one the Banks approached during the course of their investigation. He also did not lead evidence
or produce any Cheque, especially this First Bank Cheque in the Sum of Twenty-Five Million Naira
(N25, 000, 000), said to have formed part of the Funds of the Government of Plateau State. Further,
such evidence, Oral or Documentary, was not established through PW5, Mr. Cyril Tsenyil, the
Accountant-General of Plateau State, the Custodian of Plateau State Government Account.
The evidence in regard to Counts 13 and 15, only appear to have emanated from Learned Silk’s
Written Addresses, where he urges the Court to Convict the Defendant, an Offer, the Court humbly
resists due to his Lazy Prosecution of these Counts.
The Defendant is found Not Guilty as Charged for the Offences in Counts 13 and 15, and is his
accordingly Discharged and Acquitted.
As regards Count 21, the Defendant, Joshua Chibi Dariye is alleged to have committed on the 24th of
November 2001, Criminal Breach of Trust in regard to the Sum of Twenty-One Million Naira (N21,
000, 000), which formed part of the Funds of the Plateau State Government.
PW1, Detective Musa Sunday, yet again in his Analysis of Exhibit P11, the Compendium of Front and
Reverse Side of Certified True Copies of Lion Bank Cheques, stated that this Lion Bank Cheque of the
Sum of Twenty-One Million Naira (N21, 000, 000) was initially paid to AllStates Trust Bank Plc., and
subsequently paid into Ebenezer Retnan’s Account and the Source of this Sum was from the Plateau
State Government’s Account.
A careful look at this Exhibit P11 particularly at Page 21, is the Certified True Copy of the Cheque,
which on the face of it, is a Draft of Lion Bank of Nigeria Plc. Jos Branch, dated the 24th of November
2001, bearing Draft Number 81729, in the Sum of Twenty-One Million (N21, 000, 000) to the Order of
AllStates Trust Bank Plc. Payable at the Lion Bank of Nigeria Plc., Abuja Branch. On the Reverse Side of
the Draft, is a Stamp dated 11th of November 2004 with an Endorsement Instruction, stating, “PAY
INTO EBENEZER RETNAN VENTURES” andthe Defendant’s Signature is affixed to the Instruction.
The Defendant admitted this Endorsement in Exhibit P13C, his Extra-Judicial Statement to the EFCC
of the 15th of June 2007, and further stated inter alia that, “I shall however confirm with my Bank the
source of these income since I do not readily have any Records in hand to substantiate those lodgments.”
The Defendant by his own showing, has expressly pointed to his Account with Ebenezer Retnan
Ventures to evidence the lodgment of this Sum. From Exhibit P15C, the Statement of Account of
Ebenezer Retnan Ventures, it is clear that this Lion Bank of Nigeria Draft Number 81729 in the Sum of
Twenty-One Million (N21, 000, 000) was cleared into the Account on the 14th of December 2001.
DW3, Mr. Michael Abdul, the erstwhile Managing Director of the Defunct Lion Bank of Nigeria Plc.,
tendered amongst other Exhibits the following, namely: 187