Now, the Court will initially refer to the Case of AKINBOBOLA VS THE
STATE (1991) 8 NWLR PT 208 191 AT 207, whereit was held that the
Constitution must be construed to give effect and force to ALL the Provisions
otherwise its Purposes would not be Served. Further, reference is made to
the cases of OKHAE VS GOVERNOR OF BENDEL STATE & ORS (1990) 4
NWLR PT 144, 327 AT 366; ISHOLA VS AJIBOYE (1994) 6 NWLR PT 352,
506 AT 558-559; P.D.P. VS I.N.E.C. (1999) 71 LRCN 2465 AT 2518; I.M.B.
SECURITIES PLC VS TINUBU (2001) 91 LRCN 3000 AT 3016; OBIH VS
MBAKWE & 2 ORS (1984) 1 SC 325 AT 341 AND IFEZUE VS MBADUGHA
(1984) 5 S.C. 79 AT 101.
The Oath of Office as contained in the Seventh Schedule, is an Undertaking,
he either affirmed or swore to uphold and can be said to be an Agreement
between him and the People of Taraba State that he would carry out his
Official Duties in Compliance with the Law. Therefore, he is expected to
Comply, Obey and Issue out Lawful Directives in compliance with the Taraba
State Financial Instructions, which was birthed by the Public Finances
(Control and Management) Law CAP. 108. That is just one!
Other Possible Violations could be from the Code of Conduct for Public
Officers, the Penal Code Law, and the Taraba State Civil Service Rules.
After resolving whether any or all of those Modes have been proved Beyond
Reasonable Doubt, the Court will then determine, whether based on the
Principles set out above, the Modes were done in Violation of the Law AND
were carried out by the Defendant, Dishonestly.
The Final Element to be established is, whether the Defendant did so
DISHONESTLY.
Learned Counsel representing the Defence,contended that the Prosecution
had the requisite burden to prove Beyond Reasonable Doubt that the
Defendant acted dishonestly.
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