Dishonestly put that Property to his own use or to some unauthorized use,
as Dishonest Intention to Misappropriate, Convert or Dispose, are crucial
Elements to be proved to bring home the charge of Criminal Breach of Trust.
In NWAMARA’S ENCYCLOPAEDIA OF THE PENAL CODE AND CRIMINAL
PROCEDURE CODE OF THE NORTHERN STATES OF NIGERIA AND ABUJA
AT PAGE 608, the Author defined the Offence of Criminal Breach of Trust as
an Aggravated Offence of Criminal Misappropriation, where the Person
comes into possession by Express Entrustment or by some Process placing
the Defendant in a Position of Trust and there is Dishonest Use or Disposal of
the Property in Violation of the Trust.
Reference is also made tothe 1976 MADRAS SERIES LAW JOURNAL
(CRIMINAL) PAGE 20 AT PAGE 28(DB); His Lordship PETER-ODILI, J.C.A.
(AS SHE THEN WAS) AT PAGES 17, 18, PARAS E-B; in the case of HON.
YAKUBU IBRAHIM & ORS VS COMMISSIONER OF POLICE (2010) LPELR8984 (CA); SABO VS COMMISSIONER OF POLICE (1973) NNLR PAGE 207;
and in AIYEJENA VS THE STATE (1969) NNLR PAGE 73, it was held that
before there can be a Conviction on a Charge of Breach of Trust, there must
be evidence of Entrustment and of Dishonest Misappropriation of what was
entrusted, reference was made in that case, to the case of BATSARI VS
KANO NATIVE AUTHORITY (1966) NRNLR PAGE 151 AT PAGES 152,
153.
His LordshipCRAIG JSC, in the case of THEOPHILUS ONUOHA VS THE
STATE SC.8/1988 AT PAGES 10, 11 AT PARAS F-C; (1988) 3 NWLR PART
83 AT PAGE 460 (SC), held inter alia, whilst referring to the case of
AKWULE VS THE QUEEN (1963) NNLR PAGE 105 that, what the
Prosecution was expected to prove was: (1) That the Defendant was a Public
Servant; (2) That in such Capacity he had been entrusted with the Money in
question; (3) That he had committed a Breach of Trust in respect of the
Money, i.e., either (a) He had Misappropriated it; or (b) Converted it to his
Own Use; or (c) In any way whatsoever Disposed of it Fraudulently and in a
Manner Contrary to the Directive(s) given to him.
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