since the Defence tendered these Statements, and both sides of the Divide
have canvassed arguments in this regard, it is imperative for the Court to
take a cursory look at the Evidence of PW10 contained in his Extra-Judicial
Statement. It is pertinent to note that at this juncture in his evidence, Alhaji
Abubakar did not state specifically what Statements he made to the EFCC
that had contradictions, and it was only after they were tendered that he
mentioned that fact of Duress. He did not state again that those Statements
he claimed to have made under Duress had in them Contradictory
Statements, or that all his Statements made to the EFCC were contradictory.
In the absence of a specific pointer to the Contradictions, the Court cannot
embark on a Voyage of Discovery, to discover the Contradictions referred to,
and would be guided on the earlier Principles on Contradictions stated
above.
As earlier stated, this is an Offshoot of the Offence of Criminal Breach of
Trust in regard to the Sum of Two Hundred and Fifty Million Naira meant for
Purchase of Stationery and Office Equipment. The Circumstances and the
deductions arrived at cannot be divorced from the Circumstances in regard
to the Sum of One Hundred and Eighty Million Naira.
Therefore, the Defendant, having been determined to be a Public Servant, as
Governor of the State of Taraba, and by virtue of his Office, had Executive
Powers conferred on him by the Provisions of Sections 5 (2) (a) and (b) of
the 1999 Constitution, and had unquestioned Control and Dominion vested
in him over the Funds of Taraba State. As the Chief Executive of the State, the
Electorate of Taraba State entrusted him with the Proper Management of
State Funds, and he caused the Sum of One Hundred and Eighty Million Naira
to be Misappropriated and Disposed off contrary to the Mandate in the
Memo, and contrary to the Financial Regulations and Directives of Taraba
State. The manner, in which these Funds were misappropriated, evidenced
Dishonest Intent. Whether the Funds were to be held temporarily with
Salman Global or Permanently with them, or even returned to the State
Government, has not taken away from the fact that Money was
Misappropriated and unaccounted for till date. The clear purpose of the
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