charged by the trial court in respect of the offence of criminal breach of
trust punishable under section 301 of the Sokoto state Penal Code
Law, 2019.
Accordingly, since the Supreme Court in the case of Edun V. FRN
{2019} 13 NWLR pt 1689 p 326 at 352 has held that in both the
offences of criminal breach of trust and criminal misappropriation
dishonest misappropriation of property is involved, and person
convicted of criminal breach of trust can be convicted of criminal
misappropriation because of similarities of elements except entrusted
in criminal breach of trust, this court on the basis of the foregoing
evidence establishing the elements of the offence of criminal breach of
trust against the respondent guilty as charged before the trial court in
respect of the offence of criminal misappropriation punishable under
section 298 of the Sokoto state Penal Code.
On the whole therefore, I find merit I this appeal and it is hereby
allowed. The decision of the learned trial Chief Magistrate, Chief
Magistrate Court 1, Sokoto in suit No. SK/215C/2019 delivered on the
31/3/2021 in which the respondent was discharged and acquitted for
the offences of criminal breach of trust and criminal misappropriation,
is hereby set aside, and pursuant to the provisions of section 320 (a)
and (b) (ii) of the Sokoto State ACJL 2019, the convict in lieu of the
penalty authorized by the Sokoto State Penal Code Law 2019 for the
offences of criminal breach of trust and criminal misappropriation with
which the convict was convicted by this court, is hereby ordered to
make restitution of the N8,000,000:00 to Hajiya Saratu Ladan
Tsamiya who is the victim of the crimes.
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