not sufficient to establish the Defendant’s Guilt, having not linked the
Offences in the Charge to the Defendant.
It is clear that any Banker so assigned, can testify in Court on behalf of his
Bank and it is not necessarily crucial that it is only the Account Officer for
that Account that could testify in regard to Transactions contained in the
Statement.
It is clear also that the evidence of PW3 was not sufficient to establish on its
own, proof Beyond Reasonable Doubt that the Defendant committed
Criminal Breach of Trust, but it established One Link in the Chain.
The next testifying witness was PW4, Mr. Dennis Nev, the Permanent
Secretary of Government House in Jalingo. He acknowledged on record
having several financial dealings with the Taraba State Liaison Office in
Abuja from May 2004 to May 2007. His testimony established that he usually
sent Money to the Defendant either in Cash or by Cheque, for his Trips to
Abuja after being directed by the Defendant personally through Messages or
direct Phone Calls. He also established that after receiving the Messages
from the Defendant, he would communicate with his Counterpart, Mr.
Japheth Wubon and the Accountant at the Liaison Office of the impending
transfer. These two would then notify him acknowledging receipt of the
transferred Funds, which fund, belonged to the Taraba State Government.
From the Extra-Judicial Statement of Mr. Dennis Nev in Exhibit P3, he
Specifically Referred to Sums of Monies charged under Counts 16, 18, 20,
28, 31, 33, 34, 36, 37, 38 and 39
According to him, he never received any complaint that the Defendant as
Governor did not receive the transferred Funds. He reiterated his assertions
during Cross-Examination, and added that sometimes the Defendant would
tell him the Funds were for Official Functions and sometimes, it involved an
Escorting Staff, and provisions would be made for these Staff. He confirmed
the fact that there was nothing written down in the directive he received
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