the contents thereof except in cases where fraud is pleaded. The Court
follows this Dictum
As regards the fact that the Document was unsigned, a careful look at the
Document would show that the Name of the Maker was affixed on it and
therefore the Ownership of the Letter was known, and the Court had already
given a considered Ruling on the admissibility of this Document which can
only be questioned by the Appellant. This Query was an Original Copy that
was attached to a Reply that was duly signed with his Name and Designation
on it. Moreover, they are Official Documents of the Government for which
any Officer of the Government, including even the Defendant could tender.
Therefore, the Document having been found admissible will remain relevant
in determining this Case.
Now, having sorted out the Contentious Arguments that seep through
virtually every line of arguments across the divide, the Court will now
proceed to consider the Offence of Criminal Breach of Trust.
The Defendant, Rev. Jolly Nyame, in his Extra-Judicial Statement before the
Court, discussed his Role as Governor at both the State and National Levels.
He also set out the extent of his Executory Powers on Budgetary Allocations
and further discussed Due Process Operation in his State. He acknowledged
the Memo from the Ministry of Finance, requesting the Sum of Two Hundred,
and Fifty Million Naira (N250, 000, 000.00) for the Provision of Office
Equipment and Stationeries, and noted that on the 30th of December 2004,
he “conceded” his Approval. He could not recall all the Details or whether the
Goods were actually delivered and promised to supply more Details after
Consultation with his Commissioner of Finance, Alhaji Tutare.
During his Testimony in Chief, he maintained the above, asserting that all he
did was ONLY to Approve the Memo brought to him. He denied each and
every Statement, both Oral and Documentary, in regard to the Transaction,
distancing himself from Alhaji Tutare’s actions on the Purchase of the
Stationeries and Office Equipment. All he could remember was that Alhaji
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