Dishonest Intention to Misappropriate is a Crucial Fact to be proved to bring
home the Charge of Criminal Breach of Trust.
In the case of I.G. TIRAH VS COP (1973) NNLR AT PAGE 143, PER JONES
SPJ, it was held that the Defendant, in dealing with the Money or Property
entrusted to him, did something else with it, constituting Misappropriation.
The Next Essential Element to be established by the Prosecution, is the
Violation of Law or Contract, and he must prove 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.
Violation of Law therefore is any Act (or, less commonly, failure to act) that
fails to abide by Existing Law or Something that needs to be treated with
RESPECT. Some Acts, such as Fraud or Misappropriation, can violate both
Civil and Criminal Laws. It is an Action taken in Breach of a Law or Code of
Behavior, and is an Infringement, Transgression, Infraction, and
Contravention of a Duty or Right, Interrupting or Disturbing the Natural
Prescribed Order of Things. It could also mean the Failure to do what is
Required or Expected by a Law, Rule or Agreement, and it could occur when
a Person crosses a Legal Boundary or a Binding Business Deal.
In the instance of Violation of a Contract, it is synonymous with the Term
“Breach of Contract” and could include many different types of Violations.
Once a Contract is signed, the Parties are bound/obliged to keep their own
part of the bargain, as failure to do so, can result in legal consequences. To
excuse a Party from performing his or her own end of the bargain, under the
Strict Regulating Guidelines of the Contract, that excuse or justification for
the breach or errancy of the Terms of the Contract, imposes on the Party, the
necessity of providing or adducing legal excuse recognizable by the Courts
and Contract Law. Nothing else will suffice.
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