for the Offences of Criminal Breach of Trust. Therefore, it will be Repetitious to Re-state them again but Reliance is placed by the Court on that Evidence in determining the Innocence or Guilt of the Defendant in regard to these Sets of Offences. In regard to Count 3, the Defendant, Chief Joshua Chibi Dariye is alleged to have dishonestly misappropriated the Plateau State Government’s Ecological Funds released by the Federal Government, by diverting the Sum of One Hundred and Sixty Million Naira (N160, 000, 000) into the Private Account of Ebenezer Retnan Ventures owned by him. It is worthy of note this Count of Offence traces its Root Source to the Central Bank of Nigeria’s Cheque having a very Clear Purpose and having an Ultimate Set Goal. Learned Senior Counsel representing the Defendant had submitted that if the Charge of Misappropriation in Count 1 fails, then this also fails. According to him, having been charged with Misappropriation of the Whole Sum, it is duplicitous to charge the Defendant with diversion of Part of the same Funds. He submitted that no evidence of diversion was proved and the Officials of the Bank ought to have been called to testify as to the Person who made the Payment into the Account of Ebenezer Retnan or who directed that the Payment be made. Conversely, Learned Senior Counsel representing the Prosecution submitted that this Sum in the Count was to address the Ecological Problems of Plateau State as contained in the Central Bank Cheque. He referred the Court to the admission of the Defendant in Exhibit 15 A-C, stating that the Defendant had made the work of the Prosecution to prove this Count, very easy. Now, before dealing with this Count, it is important to initially resolve the contention that the Count is duplicitous. Duplicity is the Error committed when the Charge or Count on an indictment, describes two different Offences. It is clear that each Count must allege ONLY ONE Offence to enable the Defendant know with precision what Offence he is Charged with, and it fosters certainty in Criminal Charges and prevents injustice to the Defendant. The exception is of course, where the Law provides One Punishment for the Various Offences but this is usually found in Complex Crimes. In this instance, the Defendant was charged with Criminal Breach of Trust in Count 2 for this Sum of Money, but it is noted that this Count 3 deals with Criminal Misappropriation, which is a different Offence entirely from that of Criminal Breach of Trust. They have different Set of Elements/Ingredients to be proved and it does not matter that the Transaction or Evidence is the same. From the Common Law Principles and Case Law, it is clear that, Two Criminal Offences are not to be considered as One Crime because they result in a Single Unlawful Transaction. In any event, for the offence of Criminal Breach of Trust, it is not necessary to prove a Dishonest Misappropriation or Conversion, as proof of ANY of the Remaining Quadruplet Modes, is sufficient to ground the Offence. The Money need not be for the Use of the Defendant and so, going by the Elements of Criminal Misappropriation, it is clear that the Offences in Counts 2 and 3 of the Charge are not the same Offence. In any event, there is a Wealth of Appellate Authorities to the effect that they will not interfere on the issue of Duplicity, if it is clear from the Records of Proceedings that the Defendant knew what Charge he was to face, was neither embarrassed nor prejudiced and no miscarriage of justice was occasioned. Reference is made to the Case Law Authorities of THE STATE VS GWONTO (1983) LPELR-3220 (SC) PER NNAMANI JSC; ONAKOYA VS FRN (2002) LPELR-2670 (SC) PER KUTIGI JSC AT PARAS F-A; ALHAJI MOHAMMED KABIR MAMMAN VS FRN (2010) (CA) PER OMOLEYE JCA AND MUSTAPHA VS FRN (2017) LPELR-43131 (CA PER GARBA JCA) AT PARAS A-C. 195

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