Now, Section 196(1) of the Administration of Criminal Justice Act 2015,
on its own part states, “The Charge shall contain such particulars as to
the time and place of the alleged Offence and the Defendant, if any,
against whom or the thing, if any, in respect of which it was committed
as are reasonably sufficient to give the Defendant notice of the Offence
with which he is charged.”
By the above Provision, it is clear that Each Count framed in the Charge have
been classified and determined by Date and Sum that the Defendant
committed the Offence of Criminal Breach of Trust and it is expected that the
Prosecution would through the Evidence demonstrate or establish a Link
between Each Count and Evidence adduced during Trial. However, in this
instance, the Prosecution has not led evidence to cure the disparity in Dates
and Figures in Counts 22, 24, 26, 28, 32, 34, 35, 37, 38, 39, 40 and 41.
From the above Counts, it is clear that the Defendant was a Public Servant
and was entrusted as the Governor of the State, with the Funds belonging to
Taraba State Government, as seen from the principles of Entrustment. This
Entrustment was implied and he had Dominion and Control over the
Properties belonging to the Good People of Taraba State. He was able to
direct the Management and Expenditure of the Funds. The Defendant in fact
admitted that he collected the said Sums in Exhibit Z6 and in his Oral
Evidence before the Court for unproved purposes. He is found to have
caused the Disposal of the Sums contained in Count 16, the Sum of Fifteen
Million Naira (N15, 000, 000.00); Count 18, the Sum of Twenty-Five Million
Naira (N25, 000, 000.00); Count 20, the Sum of Twenty Million Naira (N20,
000, 000.00); Count 27, the Sum of Twenty Million Naira (N20, 000, 000.00);
Count 29, the Sum of Twenty-Five Million Naira (N25, 000, 000.00); Count
30, the Sum of Twenty Million Naira (N20, 000, 000.00); Count 31, the Sum
of Twenty Million Naira (N20, 000, 000.00); Count 33, the Sum of Ten
Million Naira (N10, 000, 000.00); and Count 36, the Sum of Five Million
Naira (N5, 000, 000.00).
240