Learned Senior Counsel representing the Prosecution had in his Address
mentioned the Directives to include inter alia, Section 5(2)(a), (b) and
208of the 1999 Constitution, the Financial Instructions in Exhibit Y, and
the Memos in Exhibits Q and CC.
In his Reply on Points of Law, Learned Counsel to the Defence submitted that
no evidence was led to prove any Directive given to the Defendant by
anybody whosoever, or by any means whatsoever on the said Monies
forming the basis of the said Counts, such that the Prosecution could be said
to have proved all the Ingredients of the Offence of Criminal Breach of Trust.
Now, the Special Circumstances of this Case will entail examining the
Regulatory Laws, Directives and Guidelinesto determine whether the
Actions taken by the Defendant, as Governor, were in Strict Compliance with
the Law.
Starting with the 1999 Constitution of the Federal Republic of Nigeria
(As Amended), the Seventh Schedule, which contains the Oath of Office of
a Governor of a State, it states inter alia: “I, …do solemnly swear/affirm that I will be faithful and bear true allegiance
to the Federal Republic of Nigeria; that as Governor of…State, I will discharge
my Duties to the best of my ability, faithfully and in accordance with the
Constitution of the Federal Republic of Nigeria and the Law… that I will
strive to preserve the Fundamental Objectives and Directive Principles
of State Policy contained in the Constitution of the Federal Republic of
Nigeria… that I will not allow my Personal Interest to influence my Official
Conduct or my Official Decisions…; that I will abide by the Code of Conduct
contained in the Fifth Schedule to the Constitution of the Federal
Republic of Nigeria…; and I will devote myself to the service and wellbeing of the people of Nigeria. So help me God.”
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