5) The Possession has been come by Innocently;
6) There has been a Change of Intention by the Defendant or the Defendant is aware of some New
Facts, which makes his Continued Retention of the Property Wrongful and Fraudulent;
7) The Defendant Misappropriated the Moveable Property or Converted the Moveable Property
to his own Use;
8) It is Sufficient that some of the Moveable Property has been Misappropriated or Converted by
the Defendant, even though it may be Uncertain the Exact Amount Misappropriated or
Converted;
9) The Defendant did so dishonestly.
The definitions of the Terminologies of “OWNER”; “PROPERTY”; “MOVEABLE”; “POSSESSION” AND
“MISAPPROPRIATION” are already well stated when determining the Offence of Criminal Breach of
Trust and reference will be made to those terminologies, where applicable. There is no need to restate them here.
Suffice to say at this point that a clear understanding of the Principles governing Misappropriation
shows that there must be an intentional and illegal use of the Property or Funds, in that there is a
wrongful assigning or setting apart of a Sum of Money for a purpose or use for which it should not
lawfully be assigned or set apart. The PURPOSE for the Entrusted Monies was curved down and
deviated from its SET TARGET directly to the Defendant’s PERSONAL BENEFIT OR GAINED
ADVANTAGE/BENEFIT.
The Offences of Criminal Misappropriation as set out in the Charges are under Four (4) Categories,
namely: A. In Count 3, is the Offence of Criminal Misappropriation relating to the Plateau State
Government’s Ecological Fund, wherein the Defendant, Chief Joshua Chibi Dariye, is alleged
to have dishonestly misappropriated the Sum of One Hundred and Sixty Million Naira (N160,
000, 000) by diverting this Sum into the Private Account of Ebenezer Retnan Ventures, an
Unregistered Company, owned by him.
B. Counts 9 and 11, deals with the Offences of Criminal Misappropriation relating to Funds in the
Account of the Plateau State Accountant General Office, which the Defendant is alleged to
have dishonestly misappropriated into the Private Account of Ebenezer Retnan Ventures, an
Unregistered Company, owned by him; and
C. Counts 14, 16, 18, 20 and 22, deals with the Offences of Criminal Misappropriation relating to
Funds in the Account of the Plateau State Government, which the Defendant, Chief Joshua
Chibi Dariye, is alleged to have dishonestly misappropriated.
D. Finally, Count 12,deals with the Offences of Criminal Misappropriation relating to Funds in the
Account of the Plateau State Water Board, which the Defendant, Chief Joshua Chibi Dariye, is
alleged to have dishonestly misappropriated.
Now, it is important to recall and bring to bear the Oral and Documentary Evidence adduced across
Board by the Defence and Prosecution in the Consideration of these Offences of Criminal
Misappropriation, and note that they have already been thoroughly set out under the consideration
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