the owner of the Property. The People of Taraba State, who voted the
Defendant in as their Governor and Conferredover to him the authority,
must have had confidence in him. This established a fiduciary relationship
between the People of Taraba State and the Defendant.
Therefore, the Defendant did hold the Funds i.e. the Property for and on
behalf of Taraba State Government. See the cases of OGUONZE VS THE
STATE (1998) 4 SC PAGE 110 AT PAGE 155, 156 PARAS 40-5; EDOHO VS
THE STATE (2004) 5 NWLR PART 865 PAGE 17 AT PAGE 51 PARAS A-C;
NNOLIM VS THE STATE (1993) 3 NWLR PART 283 PAGE 569 AT PAGE
581 PARA B.
From these Principles also, the Court finds that the Defendant at the material
time was the Governor of Taraba State and is found to have been entrusted
with dominion over the Funds of the Taraba State Government.
Therefore, this finding that the Defendant was entrusted and had dominion
over Taraba State Government Funds, holds true throughout theCounts of
the Charge and in this instant, Counts1, 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.
The Next Element to be satisfied is the Quadruplet Modes or the Four
Options upon which the Offence of Criminal Breach of Trust is established.
Learned Senior Counsel and Learned Counsel across the divide, submitted
corporately on these Modes and failed to address them separately.
Learned Counsel to the Defence, listed out the Essential Elements in Section
311 of the Penal Code Act, Cap 530, LFN 1990and submitted that none of
the evidence adduced had establishedMisappropriation and Conversion to
the Defendant’s Use in Counts 1, 2 and 6.
Learned Counsel submitted that where a Defendant is charged with
Conversion/Misappropriation of a Specific Amount, the Prosecution has the
Burden to prove the specific amount. Where there is no such direct and
specific evidence, the Court is bound to discharge the Defendant and he
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