entrusted to the respondent by PW1 for the purchase of ginger and
referred to pages 5, 7, 14, 36, 37 and 38 of the record of proceedings of
the trial court.
As to the 2nd element of the offence of criminal breach of trust that the
defendant disposed up the entrusted property or misappropriated it to
his own use, learned silk submitted that a careful perusal of the entire
evidence led the prosecution and the defence, shows that both the sum
of N8,000,000:00 which PW1 gave to the respondent and or the 345
bags of ginger and the 10 bags of Sopo which the respondent claimed
he bought for PW1 using the said sum of N8,000,000:00 given to him
by PW1, were misappropriated by the respondent or converted to his
own use as there is no evidence that the money realized from the sales
has ever been released to PW1.
As to the 3rd element of the offence of criminal breach of trust, that the
defendant did so dishonestly and in violation of any direction of law
prescribing the mode in which such trust was to be discharged at any
legal contract expressed or implied which the defendant made
concerning the trust, learned silk submitted that the respondent
disposed of the property dishonestly and in violation of the directives
of PW1 who directed that the ginger be kept in a store after purchase,
but the respondent disposed of the ginger without the consent of PW1
and referred to page 5 of the record of proceedings where PW1 testified
to that effect.
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