11th of May 2010 respectively; Exhibits U, U1 and V, the Extra-Judicial
Statements of PW7, Asabe Maiangwa, the Permanent Secretary, Ministry
of Finance, Jalingo, which are dated the 15th and the 16th of November 2005,
and 12th of July 2007; Exhibit Z8, Z9, Z10, Z11, Z14 and Z16, the ExtraJudicial Statements of PW10, Alhaji Abubakar Tutare, the Commissioner
for Finance, dated 17th of November 2005, 24th of November 2005, and 12th
of July 2007; Report of the Accountant General of Taraba State for Year 2007,
2008 and 2009 admitted as Exhibits NN1, NN2 and NN3 respectively.
As regards the Offences of Criminal Breach of Trust and Criminal
Misappropriation, Learned Counsel representing the Defence made a
Corporate Submission and Argument on both Offences, arguing that they
relate to the same Alleged Act of the Defendant and then gave a Critical
Analysis of the Evidence proffered by the Prosecution in proof of these
Offences pertaining to the Taraba State Government Funds. Conversely,
Learned Senior Counsel representing the Prosecution submitted and argued
on all the Offences Separately.
These Arguments will be infused into the Court’s Analysis in the
determination of the Case.
It is important to note that throughout their Written Addresses, contentions
in regard to Accomplice; Corroborative Evidence; Hearsay Evidence;
Documentary Hearsay; Contradictions and Competent Witnesses pervade
throughout the Written Submissions of Learned Counsel and Learned Senior
Counsel and it appears that each Argument was recurrently restated.
CONTENTIONS…
Now, it is expedient for the Court at this point, to consider the strenuous
contentions made by Learned Counsel representing the Defence on the
contention that PW6, Mr. Abdulkadir Umar Nagari, PW7, Mrs. Asabe
Maiangwa and PW10, Alhaji Abubakar Tutare for the purpose of proving
Counts 1, 2 and 6, relating to Stationeries, are all Self-Proclaimed
Accomplices in Law, and also the contention that the Chief Stores Officer was
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