It is clear that these Sums of Monies are Moveable Properties, with a defined
Owner, which is the Taraba State Government. From the Principles set out
above, the Defendant caused the transfer of the Monies from Jalingo in
Taraba State to Abuja, and all these Monies were documented. The
Defendant in a Fiduciary Capacity held the Monies transferred, and he was
expected to fully account for the Use of such Funds. He had said that the
Monies were his Allowances, Dispensation and Security Funds.
The Defendant confirmed he was in Court when Dennis Nev testified that he,
DW4 told him to send Security Funds to Abuja. The Prosecution also referred
him to his Statement in Exhibit Z6 where he stated Security Votes should be
sent to Abuja and he confirmed the Statement but added that he did not ask
Dennis Nev if he collected the Money from Bubajoda. Rev. Jolly Nyame could
not say whether a Political Appointee could not be in the Custody of Public
Funds, and reasoned that because the Security Funds was meant for the
Governor’s exclusive use, his Special Assistant, Hilkiah Bubajoda, must
render accounts to him. He was referred to his Statements in Exhibits Z4 to
Z6 and asked to point out where he mentioned that the Security Account
was maintained by his Special Assistant and he responded that he was not
asked, as the Security Funds were not in dispute and he did not see the need
to state it. The Security Votes does not have an Accounting Officer because
they are not accounted for and cannot be stolen.
The collection of his Allowances were said to be by his Orderly, Mr. Philip
Akolo, who did not deny collecting the Defendant’s Allowances but qualified
before the Court that the Amounts he received were Small Amounts.
Therefore, if they were small amounts, they could not be within the Range of
the Sums of Monies under these Counts. He had also stated that they were
his Security Funds, and the Court notes that he is not accountable to anyone
for the manner the Security Vote Funds were expended. But, he muddled the
waters when he said that Mr. Bubajoda solely managed the Security Vote
Funds Bank Account. If so, it was expected that Mr. Bubajoda be the Person
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