the Government of Taraba State, once it is a Memo addressed to the
Governor, he ALONE either Approves or Assents depending on the
circumstances. In the absence of any evidence to the contrary, it is presumed
to the benefit of the Defendant that the Sum of Two Hundred Million was
within his Threshold, which Approval he vividly claimed was granted by him
and therefore, there was no need for him to present it, to the Executive
Council for Approval.
Having established the significance of a Memo, the First Step is the Request
from the Central Stores in the Ministry of Finance for thePurchase of Extra
Stationeries to the tune of Two Hundred Million Naira (N200, 000, 000). The
Second Step is the Approval from the Governor, and the Third Step lies with
the Permanent Secretary, to disburse the Funds. According to the Defendant,
he had no business with what transpires after his Approval has been
despatched to the Permanent Secretary, who administratively as the
Accounting Officer was responsible for Payment as per the Sum Approved in
the Memo.
The Oral Evidence rendered by the PW6, PW7 and PW10 identified Salman
Global Ventures Nigeria Limited as the recipient of the Sum of One Hundred
and Sixty-Five Naira (N165, 000, 000). PW3, Mr Olubunmi Ogunode, the
Banker who accessed the Statement of Account of Salman Global Ventures
Nigeria Limited, corroborated their testimonies on a SINGULAR FACT, which
is that Salman Global Ventures Nigeria Limited actually received the Sum of
One Hundred and Sixty-Five Million Naira on the 14th of February 2005.
By this date of 14th of February 2005, barely Five (5) Weeks after Salman
Global Ventures Nigeria Limited had received the Sum of Two Hundred, and
Fifty Million (N250, 000, 000) for the BulkPurchase of Stationeries and Office
Equipment, this Sum of One Hundred, and Sixty-Five Million (N165, 000,
000) was again paid into the Account of Salman Global Ventures Nigeria
Limited.
125