Disbursement of the Funds in the Cheque, was entrusted by the Federal Government to fulfill his Save
Our Soul Plea and perform as expected. In Pages 22 to 25 of Exhibit P14, the Purpose for this Money
was clearly emphasized and communicated to the Defendant in the Reply of the Federal Government
through the Minister for Special Duties.
The Defendant as the Chief Executive Officer of Plateau State has to be a Responsible Accounting
Officer for this Money entrusted by the Federal Government of Nigeria. The Cheque, by logical
deduction, was not addressed to anyone else except Plateau State Government and the Property in the
Cheque was not meant for Chief Joshua Chibi Dariye, both in his Private and Official Capacity as
Executive Governor. It also was not addressed to the AllStates Trust Bank Plc., the Accountant
General, or to any Official of Plateau State Government, or even Ebenezer Retnan Ventures.
The question to be asked is, whether the Citizens of Plateau State will be affected by the actions of
those entrusted with Funds to ensure its proper use.
The Grant of the Ecological Funds was bestowed on the People and Government of Plateau State, who
in turn entrusted proper execution of that Fund to the Executive Governor of their State, who by his
Oath of Office enshrined in the Seventh Schedule of the 1999 Constitution vowed to discharge his
Duties as Governor in the best interest of the State.
A careful perusal of Exhibit P5, the Certified True Copy of the Extract from the Movement Register,
will show on Serial Number 25 that on the 12th of July 2001, a Cheque addressed to Plateau State
Government in the Sum of One Billion, One Hundred and Sixty-One Million, One Hundred and SixtyTwo Thousand, Nine Hundred Naira (N1, 161, 162, 900) was signed for and collected by Victor Dilang.
The argument of Learned Silk representing the Defence, that the Cheque was entrusted to Victor
Dilang and not the Defendant, does not hold water in light of the above Principles. It is imperative to
state that, it is not just being an Officer in the employ of a State, Federation or Official of Plateau State
Government alone that confers Dominion and Entrustment, because a Secretary or Director working
in Plateau State Government can never confer authority on Plateau State Government over the
Deployment of its Funds. Therefore, any Person that can affect the Movement and Use of the Money
by his Signature can properly be said to have Dominion over it. That Dominion translates to Control
and the Ability to Influence and Determine the Use of the Money. Further, it is that Person, who has
the Ultimate Power to affect the Deployment, Movement or Disposal of the Money that could properly
be said to have been entrusted with the Funds.
Victor Dilang himself had testified that obtaining the Cheque was not within the Scope of his Official
Duties as Orderly to the Executive Governor of Plateau State. He had also gone further to state very
explicitly, that he handed over the Cheque to the Person who had instructed him to sign for it. This
piece of evidence corroborates the Testimony of PW2, Mr. Adewusi of the Ecological Funds Office,
who stated that the Defendant’s Orderly signed the Movement Register to collect the Cheque and
handed it over to the Defendant.
The fact that the Defendant had his Orderly sign for the Cheque has not absolved him of Dominion and
Control over the Cheque.
Apart from the above contention, Learned Silk representing the Defendant further contended that the
Defendant did not go to the Ecological Funds Office to collect the Cheque. However, there is the
evidence from the Documentary Exhibit of P14, the Payment Voucher of the Ecological Funds Office
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