As to the 2nd element that the respondent misappropriated the property
entrusted to him, in law, “misappropriation” has been defined as the
unauthorized use of another’s property without that person’s
permission.
-Black’s Law Dictionary, 11th Ed. Pg 1194 from the evidence of the
respondent as DW1 both in chief and under cross examination as well
as the evidence of PW1 and the substance of the contents of exhibit A
and A1 which is the Hausa and English translated versions of the
respondent’s extra-judicial statement and as submitted by the
respondent’s counsel in their adopted written address particularly
paragraph 4:12:5, the ginger were bought by PW1 through the
respondent with the intention of same to be stored and sold in the
future when the market price of the ginger appreciated so that PW1
can get same profit therefrom.
But instead of the respondent to wait until the price of the ginger
appreciated before selling the ginger, the respondent disposed of the
ginger at a price lower than the price at which a bag of the ginger was
purchased without the authority of PW1 as claimed by the appellant.
But the respondent through his counsel submitted that the sale of the
ginger was authorized by PW1 through her brother one Muh’d Bashir
Aliyu who testified as PW2 relying on the evidence of PW2and his
extra-judicial statement admitted as exhibit AA.
The question now is, is there any piece of evidence in the evidence of
PW2 or his extra-judicial statement which shows that he did actually
Page 19 of 25