regards to the evidence adduced before this Honourable Court and the Exhibits tendered, the
Prosecution has not proved its case against the Defendant beyond reasonable doubt”.
In the Defendant’s Reply on Points of Law dated and filed on the 28th day of February 2018, he
responded to Issues raised by the Prosecution and submitted on some Additional New Issues such as:
1. The Contention that Ebenezer Retnan Ventures is not a Party to this Criminal Charge
and ought to be heard;
2. His Contention that the Defendant was not standing Trial for Breach of the
Procurement Law; and
3. Exhibit P13, the Defendant’s Extra-Judicial Statements are inadmissible for being
Products of Question and Answer Session.
All in all, the Defence ended up raising Seventeen (17) Issues, aside of his Contentions on Hearsay
Evidence and Contradictory Evidence, with the Prosecution maintaining its One (1) Sole Issue earlier
raised.
Now, the Court from a very careful look at the Twenty-Three (23) Counts of the Amended Criminal
Charge filed on the 9th of May 2016, finds it is easy to discern that the Defendant is facing Fourteen
(14) Counts of Criminal Breach of Trust punishable under Section 315 of the Penal Code Act and
Nine (9)Counts of Criminal Misappropriation punishable under Section 309 of the Penal Code
Act.
In regard to the Fourteen (14) Counts of Criminal Breach of Trust Offences, there are Two (2)
Distinct Sets of Situations/Circumstances, and they are: A. Offences relating to the Ecological Funds in Counts 1, 2, 4, 5, 6, 7, and 23; and
B. Offences relating to Various Sums of Money alleged to have been obtained from the Plateau
State Government in General and then specifically, from the Account of the Office of the
Accountant General of Plateau State Government, which are as contained in Counts 8, 10,
13, 15, 17, 19 and 21.
In regard to the Nine (9) Offences of Criminal Misappropriation, there are Three (3) very clear
Situations or Sets of Circumstances and they are: A. One Offence relating to the Ecological Funds, in which Count 3 is pertinent;
B. Offences relating to various Sums alleged to have been obtained from Plateau State
Government, which are as contained in Counts 9, 11, 14, 16, 18, 20, and 22; and
C. One Offence relating to the Plateau State Water Board, as contained in Count 12.
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