to have been delivered to the Defendants in Counts 3, 7, 9, 11, 13, 15, 17,
19, 21, 23 and 25, were not in his Custody or Dominion.
The claim byPW8, Mr. Abdulrahman Mohammed, that he delivered Monies
to the Defendant personally or at the Governor’s lodge, without tendering
into evidence any document showing whatpurpose the Monies were meant
for, which was in fact received by the Defendant was absurd and he urged
the Court to discountenance the assertion.
Further, the Decision in the Case of ONUOHA (SUPRA) relied on by the
Complainantis inapplicable to this Case, because the Defendant never
admitted he misappropriated the Security Funds or any Other Funds and he
urged the Court to discountenance this dictum therein.
Now, after considering all the above Submissions and Arguments, it is clear
that before there can be a Conviction on a Charge of Criminal Breach of
Trust, there must be evidence of Entrustment and of Dishonest
Misappropriation of what was entrusted, see BATSARI VS KANO NATIVE
AUTHORITY (1966) NRNLR PAGE 151 AT PAGES 152, 153.
“To Entrust” and “To have Dominion” were stated disjunctively in the Penal
Code. To Entrust means to assign responsibility for doing something to
someone and also means to put something into someone’s care or
protection. Dominion, on the other hand, means Sovereignty, Control over
the Property and the Power or Right of Governing or Controlling that
Property.
ONU JSC in MARA VS THE STATE (2013) 3 NWLR (2012) 14 NWLR PT.
1320 PAGE 287 AT 318 AT 319 AT PARA C, held that the Defendant must
be a Clerk or Servant or in such Capacity, of the Person reposing trust in him,
and in that capacity, was entrusted with the Property in question or with
dominion over it and had committed Breach of Trust in respect of it. See also
the cases of FRN VS NUHU & ANOR (2015) LPELR-26013 CA PER ABIRU
JCA; AJIBOYE VS FRN (2014) LPELR-24325 CA PER ALKALI JCA.
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