4. That he actedDishonestlyin Misappropriating, Converting, Using or Disposing of the Monies. 5. That he did so in Violation of: i. Any Direction of Law or Directive prescribing the Mode in which such Trust is to be discharged; or Any Legal Contract touching the discharge of such Trust; or ii. iii. He intentionally allowed some other Persons to do so or commit the above stated. From the above stated Ingredients, it is clear that there are some Basic Elements that are Standard and Prevailing, and therefore, the Proof and Resolution of them ab initio, will completely and for the Purposes of this Judgment, satisfy ALL the Requirements for these Elements in the Related Offences. These Standard Elements are whether the Defendant is a Public Officer and whether he was Entrusted or had Dominion over the Funds of Plateau State. THE PROSECUTION’S FIRST DUTY TO PROVE: PUBLIC SERVANT Learned Senior Counsel representing the Prosecution, Mr. Rotimi Jacobs SAN, contended that there was no doubt that the Defendant was a Public Servant by virtue of his Position as the Governor of Plateau State and no doubt that he was an Agent of the State Government when he collected the Cheque from the Permanent Secretary, Ecological Funds Office. Learned Silk, representing the Defence, on his own part, made no Direct Submission on the Element of Public Servant. Now, PART I of the FIFTH SCHEDULE to the 1999 Constitution of the Federal Republic of Nigeria (As Amended), particularly at Section 19, the Interpretation Section, states, “Public Office means a Person holding any of the Offices specified in PART II of this Schedule. PART II of the FIFTH SCHEDULE to the 1999 Constitution (As Amended) defines Public Officers for the Purposes of the Code of Conduct contained in PART I, to include in Paragraph 4, Governor and Deputy Governor of a State. Public Servant and Public Officers are one and the same in terms of the Service they offer for the benefit of the People in General. Officers and Servants can only carry out this Public Service. Also, Section 318 of the 1999 Constitution does not define who a Public Servant is, but defines what is Public Service of a State and who are the Staff and Members contemplated under this definition and it states that “Public Service of a State, means Service in any Capacity in respect of the Government of the State...” In the Case of THE REGISTERED TRUSTEES, P.P.F.N. VS SHOGBOLA (2004) 11 NWLR PT 883 PAGE 1 AT PAGE 20(CA), Public Officer was held to be “Someone in the Public Service of the Government or State as defined under the Heading, Public Service of the Federation or of the State as per Section 277(1)(a), (b), (c), (d), (e), (f) and (g) of the Constitution of the Federal Republic of Nigeria.” Section 5(2)(a) and (b) of the 1999 Constitution, are Relevant Provisions and Paragraph (a) states that the Executive Powers of a State, “Shall be vested in the Governor of that State and may, Subject as aforesaid to the Provisions of any Law made by a House of Assembly, be exercised by him either Directly or through the Deputy Governor and Commissioners of the Government of that State or Officers in the Public Service of the State;” 99