Therefore, the Prosecution must prove the following THROUGHOUT
theCounts of Charges for Criminal Breach of Trust in: - 1, 2, 6, 8, 10, 12, 14,
16, 18, 20, 22, 24, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40
and 41
1.
That the Defendant is a Public Servant;
That in his Capacity as Public Servant, he was Entrusted with the
2.
Monies or with Dominion over the Monies;
3.
That he committed Criminal Breach of Trust in respect of the
Monies byi.
Misappropriating; or
ii.
Converting to his own use; or
iii.
Using the Property; or
iv.
Disposing of the Monies or intentionally or willfully allowing any
other Person(s) to do so,
4. That he acted dishonestly in Misappropriating, Converting or
Disposing of the Monies.
5. That he did so in Violation of: i.
Any Direction of Law or Directive prescribing the Mode in which
such Trust is to be discharged; or
Any Legal Contract touching the discharge of such Trust; or
ii.
iii.
They intentionally allowed some other Persons to do so or
commit the above stated.
From these ingredients, there are some Basic Elements that are Standard
and therefore, the Proof and Determination of them will completely satisfy
their Requirements in All the Related Offences and will be applicable
throughout all the Counts in the Charge. Such Elements are whether the
Defendant is a Public Officer and whether he was Entrusted or had Dominion
over the Funds of Taraba State.
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