On the whole learned silk urge the court to set aside the judgment of the trial court which discharged and acquitted the respondent and hold that the said decision is perverse an constitute a miscarriage of justice. As to the offence of criminal misappropriation punishable under section 298 of the Sokoto state penal code 2019, learned silk submitted that the elements which the prosecution must proved are as follows:(i) That the property in question is movable; (ii) That the defendant misappropriated or converted it to his own use and (iii) That he did so dishonestly. - Edun V. State {supra} Learned silk thereafter adopted all the arguments preferred for the offence of criminal breach of trust for this offence of criminal misappropriation and urge the court to hold that the prosecution has prove all the elements of the offence of criminal misappropriation, reverse the order of discharge and acquittal made by the trial court and allow the appeal. Responding to the submission of the appellant’s counsel, the respondent’s counsel submitted that the failure of the trial court to make a distinction between the elements of criminal misappropriation and criminal breach of trust is in consequential because even the case of Edun V. FRN {supra} cited by the appellant’s counsel, shows that the only differenting element in the elements of the 2 offences, is Page 10 of 25