relied on the Case of ONAGORUWA STATE (1993) 7 NWLR (PT.303) 49 @
91, PARA A-D.
Learned Senior Counsel to the Prosecution on his own part, submitted that
the evidence adduced before the Court showedthat the Defendant
committed the Offence of Criminal Breach of Trust because Salman Global
Ventures Nigeria Limited was given a Cheque for a Contract they did not bid
for. The Cheque was fraudulently disposed off contrary to the Directives for
Direct Purchase in the Memo, Exhibit CC.
In his Reply on Points of Law to the above contention, Learned Counsel to
the Defence maintained that the Ingredients of Misappropriation and
Conversion have not been proved, because it was not shown that the
Defendant received these Monies, either physically or through the crediting
of his Bank Account. According to him, the Argument of the Complainant that
the Defendant, as Governor of a State, took advantage of his position and
trust imposed on him to fraudulently convert the State Government
Resources to his own use,was not borne out of the evidence before this
Court, and he urged the Court to disregard this line of argument.
Now, it is important to note that Section 311 of the Penal Code, the
Definitive Section, lists the Elements of the Offence in a DISJUNCTIVE
FASHION by the consistent use of the word “OR”. This is to say that any of
the underlisted could operate independently in order to establish the
Offence, as proof of one, dispenses with proof of the others. Whilst
Entrustment is paired with Dominion, the Prosecution may then decide to
proceed on the basis of any of the Four Options, or Quadruplet Modes,
through which the Entrustment or Dominion was breached. It is very
important to understand, that none of the Quadruplet Modes takes greater
pre-eminence over the other, as Proof of One is sufficient to sustain the
Charge.
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