breach of trust by misappropriating total sum N419,744, 612.30 to his personal use, holding that same was not initiated by due process of law and thereby robbing the Court of jurisdiction to continue with the trial, relying on the case of Dr. Joseph Nwobika SAN v. Federal Republic of Nigeria. 2. Whether the trial Court was right when he did not place reliance on the counter affidavit along with the annextures marked as Exhibits EFCC 1 to EFCC 12 and the Written Address filed by the Appellant same having not being controverted by the Respondent. 3. Whether the trial Court was right when he held that the transaction between the Respondent and Sokoto State Government leading to the charge No. SS/34C/2021 which deals with criminal breach of trust by misappropriating the total sum of N419, 744,612.30 to his personal use, is civil, thereby striking out the charge and discharging the Respondent. Respondent’s sole issue is set out on page 4 of the brief of argument thus:Whether from the surrounding circumstances of the case at the Court below, the Court below was correct in law to have struck out Suit No. SS/34C/2021 for want of competence? CA/S/114C/2022 Page 5