House. From Bank to Government House, to Safe, to Mr. Bubajoda, and to Mr.
Nev, all these linkages were totally inconsistent.
The Prosecution presented a consistent line of evidence in proving these
Counts, whilst the Defence, in rebutting the Case of the Prosecution by
reasonable doubt, ended up creating a reasonable doubt against itself.
Therefore, the Court is guided by the Set Principles from the Appellate
Courts that a thing is in possession of a Person if it found on him, and there
must be Physical or Constructive Possession. It is enough to prove that the
Defendant took actions that resulted in the Misappropriation of Funds. He
did not need to use the Money to buy something or otherwise spend it.
These Funds weretransferred by Mr. Dennis Nev from the Taraba State
Government House to the Taraba State Liaison Office, Abuja, under the
Leadership of Mr. Japheth Wubon, PW5 and he delegated Mr. Abdulrahman
Mohammed, the Accountantto deliver the Monies to the Defendant, and
there was no Official Documented Acknowledgement of the Receipt of these
Monies received by theDefendant.
These Fundswere not his Entitlements or Salaries, were directed to be
cashed and dropped in his Bedroom in the Liaison Office without signing for
them. The Monies were Moveable Properties, and theirmovements and the
manner of receipts of these Sums were done dishonestly contrary to the
Financial Regulations of Taraba State, amounting to an Offence of
Misappropriation in Law.
As regards Counts, 21, and 23 these are mirror sums to Counts 22 and
34 and will follow the same fate and he is accordingly discharged on
these counts
As regards Counts 15, 17, 19 and 25 the Defendant is found Guilty on these
Counts.
THE OFFENCE OF GRATIFICATION, COUNT 4 AND THE OFFENCE OF
ACCEPTING A VALUABLE THING WITHOUT CONSIDERATION, COUNT 5
254