(iii)
(c)
Use or dispose it to his own personal use;
That he did so in violation of:
(i)
Any direction of law prescribing the mode in which
such trust was to be discharged; or
(ii)
Any legal contract expressed or implied which he had
made concerning the trust; or
(iii)
That he intentionally allowed same other person(s) to
do as aprove;
(d)
That he acted as in (c) above dishonestly.
- SS. Richardson, Notes on the Penal Code of
Northern Nigeria, P. 243
- Section 300 of the Sokoto State Penal Code Law,
2019
As to the 1st element respondent’s counsel has conceded to the fact that
there is no doubt the respondent was given N8,000,000 by the
complainant {PW1} to purchase ginger and which the respondent
bought 345 bags of ginger and bags of Zobo which has been proved by
the evidence of PW1, DW1 as well as exhibit A and A1 which is the
Hausa and English translated versions of the respondent’s extrajudicial statement. In view of the foregoing it has therefore becomes
apparent that the appellant has proved the 1st element of the offence as
required by law.
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