because of the filibustering tactics of the Cross-Examining Counsel. See the
case of JAIL SHREE YADAV VS STATE OF UP 2004 CRLJ 4826 (SC) AIR
2004 SUPREME COURT 4443.
Now, after considering the above Principles, the Court would determine
through Oral and Documentary Exhibits, whether the Prosecution
satisfactorily discharged the Legal Burden placed on it to establish the
Offence of Criminal Breach of Trust in respect of the Purchase of Grains by
the Taraba State Government in the sum of N24, 300,000.00 (Twenty Four
Million, Three Hundred Thousand Naira).
The Oral Evidence of each of the Witnesses across the divide and the
Documentary Exhibits tendered would be considered. The allegation made
by the Prosecution through its Witnesses such as, the Permanent Secretary
of the Taraba State, Abuja Liaison Office, the Accountant of this Office, the
Investigating Police Officers and Mr. Joel Andrews, the Chief Accountant
Government House, will be pitted against the testimonies of the Defence
Witnesses who are: - Mr. Yakubu Bulus, the Accountant at the Accountant
General’s Office; Mr. Philips E. Akolo, the Defendant’s Orderly; Mr. Aminu
Ayuba, the Accountant in Charge of Salaries, Government House; and finally
Reverend Jolly Nyame, the Defendant.
Mr. Japheth Wubon, had uttered a very far-reaching Statement, when he said
that the Defendant as Governor, had told him that anyinstruction passed on
to him from his Chief Security Agent, was authentic. As regards the Purchase
of the Grains, Mr. Wubon stated that the Instruction to him from the
Defendant was passed on through the Chief Detail, Mr. Adamu Aboki. He had
also stated that the Defendant as Governor, called him on the Telephone
shortly after he received the Instruction, confirming that the message passed
onto him by the Chief Detail was in order and he should go ahead to
execute it.
This singular fact was not challenged or controverted by the Defendant
himself, or by his Legal Representation, and therefore must be accepted by
155