before the Court that Vitalis Osunbor during that weekend left his duty post to go and bring plastic bags. Where were the security guards if the court may ask? The diligence of the security guards come to play and it is rather unfortunate that they did not come to Court to testify. From the evidence before the Court, it is clear as crystal that PW1 did not give the combination to the Defendant, and, that only the keys were handed over to the Defendant. lt is clear as crystal that the combination, a set of codes is known only to PW1, the absconding Vitalis Osunbor, and, other staff, but, unknown to the Defendant. This combination which PW1 refers to, is the password, the "open sesame" to the ATIU machines. lt is thus obvious that, without the said combination, there can be no access to the said ATM machines. From the evidence before the Court, it is PW1 who loaded cash who loaded same cassettes with the cash. Those cassettes were not tendered before this Court. There is no documentary record to show how much was loaded, and, indeed how much was missing or stolen. The Court is further left in the uncomfortable position of speculating which, this Court is forbidden to do. See the case of Collins Ojo Aibangbee & Anor. V. The State (1998) 1 ACLR 168 at 204, a Supreme Court case decided on wednesday, the 6th day of July, lgBB per His Lordship, Kayode Eso, JSC, stated: *A Court can only base it's finding on the evidence before it and not on speculation." Further at Section212, His Lordship, Eso, JSC stated in the same Collins Ojo Aibangbee case, supra, thus,, "The role of a trial Court is to have an evidence to believe or disbelieve witnesses, to make findings of fact based on the credibility of witnesses who testified and to decide the merits of the case based on the findings. When a trial Court acts on speculation rather than on the evidence then it has abandoned its proper role. No trial Court has a right to draw conclusion of fact outside the available evidence." So, this Court will not be tempted to speculate. lt is clear and obvious that the incident in respect of this matter happened on the l gth and 20th days of February, 2022 which was a weekend, and, PW1 himself was not on duty that particular weekend. lt is further obvious that it was not the Manager of the Branch of the Bank who went to report this matter to the Police. Also, obvious is the fact that Vitalis Osunbor absconded with the ATM key, since a spare key was used to open the ATM door by the manager of the branch of the Bank as at 8.00am on lhe 21"t dry of Februa ry,2022, when Vitalis Osunbior had not resumed work. lt is 13