Public Funds for the benefit of Plateau State Government and the Court finds that the Defendant was
entrusted both by the Federal Government as an Executor and also by the People of Plateau State over
the Ecological Funds. This established a Fiduciary Relationship between the People of Plateau State
and the Defendant.
As regards the Element of Entrustment for the Funds of Plateau State Government, the Defendant is
found to have been entrusted with the Proper Execution of the Funds in the Account of the
Accountant General of Plateau State and any Other Organ of Plateau State Government and was the
Approving Authority for the Expenditure of the State Funds, exercising Dominion and Control over
those Funds.
In other words, the Federal Government of Nigeria, being the Owner of the Money, the “Property”,
freely reposed confidence in the Plateau State Government by committing the Budgetary Allocations
to the State as well as entrusting the State with the Ecological Funds, on the assurance that Plateau
State Government would render Proper Accounts for the use of the Money. It can safely be implied
that Plateau State Government, then assumed control and the Officers who can be liable, are the
Officers that affected the Disbursement/Disposal of that Money. To this extent, the Actual Person, who
took the Decisions to Disburse the Funds in the manner he did, can be said to have had been entrusted
with Control and Dominion. In short, the Defendant rightfully had Possession, but not Ownership.
With the assumption that the Defendant understood Plateau State Laws, Regulations and Directives
and Financial Regulations concerning Revenues, the appending of his Signature on the Letter of
Instruction in his Official Capacity, shows that he had Dominion and Control over the Funds entrusted
to him for the benefit of the People of Plateau State.
The Defendant, as Governor, was Dominus Litis over Plateau State Funds, and only he could grant
Approvals for their Disbursements. He indeed exercised Dominion and Control over the Movement
and Expenditure of the Funds and this Element of Entrustment is found proved throughout Counts 1,
2, 4, 5, 6, 7 and 23, in respect of the Cheque from the Central Bank of Nigeria and in Counts 8, 10, 13,
15, 17, 19 and 21 in respect of Funds emanating from the Plateau State Government.
PROSECUTION’S 3RD DUTY TO PROVE: VIOLATION OF LAW PRESCRIBING THE MODE OR LEGAL
CONTRACT, EXPRESS OR IMPLIED, OR DIRECTIVE
The Prosecution must establish that the Defendant, did soin violation of:
i. Any Direction of Law or Directive prescribing the Mode in which such Trust is to be
discharged; OR
ii. Any Legal Contract touching the Discharge of such Trust; OR
iii. He intentionally allowed some other Person(s) to do so OR commit the above stated.
The Word “Violation” is a Terminal Issue and whether or not, there were Violations or not, the Court
will initially set out the Law, Contracts, Rules, Regulations, or Directives, if any, and then in its Actual
Determination of the Issues hereunder, the Court will then pronounce on whether from the facts and
evidence adduced, the Defendant actually violated the Law or Contract.
Violation of Law therefore is any Act (or, less commonly, failure to act) that fails to abide by Existing
Law or something that needed to be treated with Respect. Some Acts, such as Fraud or
Misappropriation, can violate both Civil and Criminal Laws. Violation is an Action taken in Breach of a
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