N419,744,612.30 (Four hundred and Nineteen Million, Seven
Hundred and forty Four Thousand, Six Hundred and Twelve
Naira, Thirty Kobo) paid by the Sokoto State Government
represented 40% investment at of shareholding in your
company to boost the economy of Sokoto State, dishonestly
misappropriated the money in violation of the mode in which
such trust was to be discharged and thereby committed
criminal Breach of Trust contrary to Section 311 of the Penal
Code Law CAP. 89 Laws of Northern Nigeria and punishable
under Section 312 of the same Law.”
Instructively, Criminal breach of trust and misappropriation connotes
to dishonestly using or disposing of property in violation of any direction of
law prescribing the mode in which such trust is to be discharged or any
legal contract, express or implied, torching the discharge of such trust. The
essential ingredients of criminal misappropriation are:
(a). That the property in question is movable property;
(b). That the accused converted or misappropriate. It for his own
use, and
(c).
That he did so dishonestly.
See F. R. N. V. YAHAYA (2019) 7 NWLR 9PT. 1670) 85.
Furthermore, the elements of the offence of criminal breach of trust
on the other hand are:
CA/S/114C/2022
Page 11