lies and untruths he wove around himself. This is sad considering that the fact his is a Police Officer with the Nigeria Police Force, which should be beacon of light for probity and the truth. DW16, Honourable Nandant Bako, a former Two-Term Plateau State House of Assembly Member representing Lantang South Constituency, was also the Chairman of House Committee on Judiciary and by Late 2006 to 2007, he was the Speaker of the House of Assembly. He testified that it was from the EFCC Report he became aware that the Defendant collected a Cheque from the Ecological Fund on behalf of Plateau State Government. According to him, depending on the circumstances, it would be wrong for the Defendant to use his own discretion to disburse Monies to the PDP South-West and PDP North-East. However, if he was acting under the Directive of the Giver/Issuer of the Cheque, that is, the Federal Government of Nigeria, there was nothing wrong with it. Under Cross-Examination, DW16 stated that he would not pay State Funds into his Personal Bank Account and where it occurs, he would write a Memo. Further, depending on the circumstances, State Funds could be paid into the Governor’s Account and in this instance he would not be surprised to know the Defendant paid State Funds into his Personal Bank Account. Now, the Genesis of the Ecological Funds granted to the Plateau State Government evolved from Applications dated the 7th of May 2001 and the 7th of June 2001, made by Chief Joshua Chibi Dariye, as the Governor of Plateau State, in a Representative Capacity for the People of Plateau State. The Total Sum of One Billion, One Hundred and Sixty-One Million, One Hundred and Sixty-Two Thousand, Nine Hundred Naira, (N1, 161, 162, 900), was granted to Plateau State Government for the Specific Purposes of Reclamation and Channelization. From Exhibit P6, which is also reflected in the Bundle of Documents accompanying the Payment Voucher in Exhibit P14 at Page 28, the Certified True Copies of the Central Bank of Nigeria Cheque, was included. It is clear that the Name of the Beneficiary on the Cheque dated the 12th day of July 2001, which incidentally was a Cross-Cheque, was PLATEAU STATE GOVERNMENT. In General Banking Practice, the Mandate of the Drawer of a Cheque is that the Paying Bank should pay the Cheque to the Person whose Name appears upon it and no one else. Therefore, if a Bank collects a Cheque and pays it to a Person not entitled to the Proceeds in the Cheque, it is Guilty of the Tort of Conversion. Reference is made on this point, to the Case of TRADE BANK PLC VS BENILUX (NIG) LIMITED (2003) 9 NWLR PART 825 PAGE 416 (SC). This Principle is enshrined in the Law known as the Bills of Exchange Act CAP 35, Laws of the Federation of Nigeria 1990, particularly at PART II, Sections 3(1); 7; 81(1) and (2). It is Uncontroverted Evidence that this Cheque, was paid into and cleared out of the Suspense/Sundry Account of the AllStates Trust Bank Plc., Abuja Branch, contrary to the Specific Instruction on the face of the Cheque and I dare say, contrary to the Intention of the Ecological Funds Office. This is because, the Ecological Funds Office, could very well at the onset, have addressed the Cheque to any Payee, even the Payee suggested by the Defendant. Now, before a Criminal Breach of Trust can be determined, the Question must logically be asked, “What was breached?” To answer the Question, Exhibit P14 with its Accompanying Documents must be thoroughly perused. From Page 1 of Exhibit P14, the Payment Voucher, at the Column slated for Detailed Description of Service or Article, the Narration is as follows: 126

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