In response, Learned Senior Counselrepresenting the Prosecution argued
that the Defendant had no regard to Law and the Procedure and had acted
dishonestly. Specifically in relation toCount 3, he claimed the Defendant
acted dishonestly when he received the One Hundred and Eighty Million
Naira (N180, 000, 000.00) through Salman Global Ventures Nigeria Limited
and when he converted it to his own use. As regards Count 7, which
captured the Sum of Twenty-Four Million, Three Hundred Thousand (N24,
300, 000) meant for the Purchase of Grains, this Sum was handed over to the
Defendant. As a matter of fact, the Defendant’s Intention for raising this
Memo was not to Purchase Grains as stated by PW5, Mr. Japheth Wubon,
who had stated that the Funds were meant to be used for Security Gadgets.
This Memo was Dishonestly raised and Due Process to Purchase the Grains
was boycotted.
Further, the instruction given to PW4, Mr. Dennis Nev,to devise a means of
raising a Memo for the Presidential Visit was a dishonest act, as the
Defendant ignored the State’s Financial Regulation on Funds Management
with impunity and took over Funds, which were neither his Entitlements,
Salaries or Duty Tour Allowances.
Further still, the Movement and Receipt of Sums of Monies from the
Government House to the Taraba State Liaison Office in Abuja, were done
Dishonestly,in that the Monies in Cash were deposited in his Bedroom
without the Defendant signing for them.
In his Reply on Points of Law, Learned Counsel representing the Defence
contended that there was no Evidence adduced by the Prosecution in regard
to Stationeries, that showed that the Defendant had prior knowledge of the
fact of the Stationeries, and that the Purchase of which he approved was not
requested for. According to him, none of the said Monies forming the basis of
the Counts of Criminal Breach of Trust in this Charge was ever proved by any
Evidence to have been entrusted to the Defendant, and dishonestly
misappropriated by Him.
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