From his Testimony in his Statement and before the Court, Alhaji Tutare, the
Commissioner for Finance denied any knowledge of these Memos, and
denied participating in the Payment Process for the Presidential Visit.
Mr. Dennis Nev in his Evidence in Chief had stated that when he presented
the Memos to the Governor, that is, the Defendant, they were approved and
the Commissioner of Finance was directed to release the Funds to him,
which he did by Cheque, covering the amount approved. He then lodged
the Cheque into his Department’s Account, and a Cheque was raised from
there. Again, there was no evidence presented before the Court of these
Cheques.
All these Instructions were Unwritten Instructions with no Records but they
were still authentic. He was familiar with the Civil Service Financial Rules
and Regulations and knew that Monies had to be vouched for, with the Payee
Signing for it, and the Accountant, who prepared the Voucher also had to
sign the Voucher, as well as himself.
These above referenced Sequence of Events and Validating Signatures were
blatantly absent from the face of the Payment Vouchers, and it was expected
that there be Records of the Receipt of the Monies by Mr. Nev, and the
Receipt of the Monies by the Governor, but again, these were absent from the
Payment Vouchers and any other Documentary Exhibits.
The Defendant had stated that the Administrative Processes depended on
the Permanent Secretary, and according to him, he did not know whether
the Commissioner for Finance minuted and acted on his Instruction to pay
and also, did not know when Nev collected the Monies.
However, it is uncontroverted that these Sums of Monies were received and
expended from Government Funds, and therefore the Question remains,
which Official carried out the Governor’s Instructions. Since the Protocol
determined that the Honourable Commissioner of Finance would direct the
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