Finally, he stated that the Committee, had requested the EFCC to produce the Senator Ibrahim Nasiru Mantu, Vice President Atiku Abubakar and all other Agents, who collected the Money but they failed to produce them. There was no Re-Examination of this Witness and with the Testimony of this Witness, the Case was adjourned for Continuation of Hearing in Defence. Now, the Court finds that there are Two Sections of the Penal Code that treat the Offence of Criminal Breach of Trust and they are: Section 311, which states: “Whoever, being in any manner entrusted with Property or with any dominion over Property, dishonestly misappropriates or converts to his own use that Property or dishonestly uses or disposes of that Property in violation of any direction of law prescribing the mode in which such trust is to be discharged or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other Person so to do, commits Criminal Breach of Trust.” Section 315, which states: “Whoever, being in any manner entrusted with Property or with any dominion over Property in his capacity as a Public Servant or in the way of his business as a Banker, Factor, Broker, Legal Practitioner or Agent, commits Criminal Breach of Trust in respect of that Property, shall be punished with imprisonment for a term which may extend to fourteen Years and shall also be liable to a fine.” For the Commission of the Offence of Criminal Breach of Trust, Two Distinct Parts are involved. The First Part consists of the Creation of an Obligation in relation to the Property over which the Defendant acquires Dominion or Control. The Second Part consists of the Misappropriation, Use, Conversion or Disposal or otherwise Dealing with the Property, Dishonestly and contrary to the Terms of Obligation created. The Person handing over the Property must have confidence in the Person taking the Property, so as to create a Fiduciary Relationship between them or to put him in Position of a Trustee. The Defendant must be in a position where he receives the Property Legally and exercises Possession and Control over the Property, but subsequently Illegally Retains it or Converts it to his own Use against the Terms of the Trust. The Definition of “Property” is not restricted to Moveable or Immoveable Articles or Items alone, as the definition of the Particular Kind of Property envisaged, could be extended to cover the Purpose, that is, whether the Property is subject to the Ambits/Acts contemplated under this Section. Therefore, the Defendant must be such in a Position where he could exercise his Control over the Property, i.e., Dominion over the Property and Dishonestly put that Property to his Own Use or some Unauthorized Use, as Dishonest Intention to Misappropriate, Convert or Dispose, are Crucial Elements to be proved to bring home the Charge of Criminal Breach of Trust. 97