Company’s Receipt with him to collect the Cheque, when he met him at the
Jalingo Annex Hotel.
From the Extra Judicial Statements of Mr. Ibrahim Abubakar, he also
exhibited a close affinity with the Defendant, even though he did not testify
before the Court. The Defence Counsel had tendered his Statement in
Exhibit Z7.
The Defendant was found to have issued out Directives concerning this
Amount, an Offshoot from the Sum of Two Fifty Million Naira (N250, 000,
000), meant for the Purchase of Stationery and Office Equipment, which was
not Supplied. It is clear that this Sum of Money is a Moveable Property, with
a defined Owner, who is the Taraba State Government. From the Principles
set out above, the Defendant did not have to actually take Physical
Possession of the Money, and it was enough that he took actions that
resulted in the Misappropriation of Funds. He did not need to use the Money
to buy something or otherwise spend it. Courts have held it enough that to
transfer the Money to a Bank Account or even to refuse or fail to hand over
the Owner's Money when the Owner demands it, amounts to Conversion.
By the mere fact of non-delivery of these items, Conversion took place and
the manner in which the Funds were belatedly approved and the Fact that
there was a Breach of the Terms of Approval for Direct Labour, with no
Evidence of a Contractual Relationship, has proved Beyond Reasonable
Doubt the Offence of Criminal Misappropriation under this Count. The
Defendant is accordingly found Guilty as Charged.
As regards Count 7, which deals with the Purchase of Grains in the Sum of
Twenty Four Million, Three Hundred Thousand Naira (N24,
300,000.00),having earlier found the Defendant Guilty of Criminal Breach of
Trust, it is now important to decide whether the Defendant misappropriated
and converted this Sum of Money. In the Memo tendered as Exhibit Q, the
Sum of Money contained therein was a Moveable Property and the Purpose
for this Money just did not add up and there was no Supply of the Products
and no Confirmation of Receipt by those who ought to be in the know. The
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