Relying on the cases of INAKOJU VS ADELEKE (2007) 1 SC PART 1 PAGE 299; OJO VS AGORORO
(2006) 25 NSCQR PAGE 712 AT PAGE 753; AND OYEBANJI VS STATE; MOHAMMED VS THE
STATE; AYENI VS THE STATE; AND MUKORO VS THE STATE, Learned Silk submitted that
sentiments have no place in judicial deliberations, and the Prosecution must limit itself to the Charge
alone and not try to whip up sentiments.
The Prosecution failed to state the Law constituting Criminal Breach of Trust, which asserts or
criminalizes the act of the Defendant in merely taking the Cheque to AllStates Trust Bank Plc. This is
because guilt, as provided by the Constitution, is founded on the Breach of a Law and not on the
wishful thinking of the Prosecution. The Prosecution by not quoting any Law or Direction missed the
point when it argued that the Cheque issued in favour of Plateau State Government and paid into
AllStates Trust Bank, ought to have been paid into the Account of the Accountant General of Plateau
State. The Prosecution had canvassed no argument as to whether the purpose for which the payment
was made, had been achieved.
It is important at the onset to set out the Narration/Origin/History of Events through the
Initial Key Testifying Witnesses, who started the Investigations and from their Testimony, how
and where it all began, will be set out to show how the Defendant was apprehended in the first
place. Thereafter, a Short Summary/Introduction of the Other Testifying Witnesses, will be set
out and the Essence of their Testimonies will be seen in the Court’s Determination of the
Substantive Issues.
The Narration started from PW9, Mr. Peter Clark, who is Detective Constable, now Retired from the
New Scotland Yard formally of the Metropolitan Police in London, United Kingdom, where he served
for Ten Years working with the Proceeds of Crime Unit. This Unit, responsible for tackling Politically
Exposed Persons (PEPS), was directly involved in the Investigations of Dariye, Alamieyeseigha and
Ibori. He also was responsible for supporting other Units of the Metropolitan Police with Financial
Enquiries.
In January 2004, Officers from the Northeast Crimes Squad involved in Crime Card Fraud, requested
for his input. The facts as narrated by him were that Officers were searching a House at 127 Chiltern
House, London, when one Christopher Mekwunye, who had a key to the house, let himself in. The
Officers searched Mekwunye’s Apartment and discovered a Briefcase containing Eleven Thousand,
Five Hundred Pounds (£ 11, 500), which Sum he initially claimed belonged to him. He was arrested
for Credit Card Fraud and then taken to the Forest Gate Police Station. At the Police Station, Mr. Peter
Clark was shown a Barclays Bank Account Statement having a Balance of Eight Hundred and Sixteen
Thousand Pounds (£816, 000) belonging to the Defendant with the Address registered to the
Account, listed as Flat 28, Regent Plaza Apartments in NW8. At this said Apartment, a Search revealed
a number of items including a Campaign Poster, Seven (7) Pairs of Designer Shoes from Louis Vuitton
estimating about £700 per pair, a very nice Mont Blanc Pen Presentation Box, which the Defendant
purchased for £7000 and High Class In-flight Purchases.
On his return to the Police Station, he interviewed Mr. Mekwunye on Tape and under caution,
whereupon he claimed that he worked at the Marriot Hotel Edgware Road, London and was
sponsored for a Degree Programme in the United Kingdom by his Boss, Chief Joshua Dariye, who
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