The Prosecution is expected to establish that the Defendant as Public
Servant, being Entrusted and having Dominion over the Taraba State
Government Funds
a) Misappropriated OR
b) Converted the Funds to his Own Use; OR
c) Used the Funds; OR
d) Disposed the FundsOR by intentionally OR willfully allowing any other
Person(s) to do so.It is also worthy of note that in regard to the element of
Disposal, the Section again, appears to widen up, by expanding the
Defendant’s culpability under this Charge to include his Influence or
Interference in Causing or Affecting another Person’s Actions by suffering
them to Dispose of the Property.
After determining any of the above from the evidence adduced at Trial, the
Prosecution is then mandated to prove through Counts 1, 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 of Offences that the Defendant committed these Offences,
Dishonestly and in Violation of any Direction of Law, prescribing the Mode in
which such Trust is to be discharged or in Violation of any Legal Contract,
Express or Implied, which he made touching on the Discharge of such Trust.
Now, after a careful consideration of the above Submissions made by
Learned Silk and Learned Counsel, in this regard, the Court would initially
consider the Mode of Conversion. It is an unauthorized control, wrongfully
and intentionally, exerted over another’s Property, in denial of, or
inconsistent with, his Title or Rights therein, or in derogation, exclusion, or
defiance of such Title or Rights, WITHOUT the Owner’s consent and
WITHOUT lawful justification. It involves an unauthorized assumption of
the right of ownership over another's Property. Generally, any Type of
Conversion that occurs after a person obtains lawful possession of the
Property is sufficient.
Further, in order to commit misappropriation of Funds, a person must not
only take the Money, but must use it for his own purposes. However, this
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