Chambers Dictionary (1998 Edition) defined a Public Servant as one under Government Employ. Learned Counsel submitted that the failure to establish that the Defendant is a Public Servant or Agent of the Federal Government as well as the Prosecution’s inability to establish that any of the Monies were given to the Defendant for a particular purpose, resulted in the failure to prove the Offence of Criminal Breach of Trust. Now, Section 318 of the 1999 Constitution does not define who a Public Servant is but defines what Public Service is and who the Staff are and the Members contemplated under this definition. Public Service of the Federation, means the Service of the Federation in any capacity in respect of the Government of the Federation, and includes Service as, “…Member or Staff of any Commission or Authority established for the Federation by this Constitution or by an Act of the National Assembly.” Section 18(1) of the Interpretation Act of 1964 further defines, "Public Officer" to mean a Member of the Public Service of the Federation within the meaning of the Constitution of the Federal Republic of Nigeria or of the Public Service of a State. It may be proper to disclose at this point that the Decisions of the Nigerian Courtsfollowed the English Common Law interpretation of a Public Officer in the cases of R VS BEMBRIDGE (1783) 3 DOUG KB 32; R VS WHITAKER (1914) KB 1283, where it was held that: "A Public Office Holder is an Officer who discharges any duty in the discharge of which the Public are interested, more clearly so, if he is paid out of a Fund provided by the Public." Section 10 of the Penal Code Act, which is the Definition Section, on its own part, Lists out Several Categories of Public Servants, but of particular interest, areSection 10(a) thereto, which states: -“every Person appointed by the Government or the Government of the Federation or of a Region 26