also obvious that the ATM key was given to the Defendant upon assumption of
duty for that weekend"
PW1 stated also that there were records of withdrawals on the l gth and
20th days of February,2022, which said records have not been brought to the
Court" Also, noted by the Court is that the Defendant could receive instruction
from Vitalis. PW2 in turn recorded a statements from one Frank who reported this
matter to the police. Frank did not testify before this Court. According to PW2,
from her investigation, the Defendant and Vitalis Osunbor ought to be together,
and, leave together, but Vitalis Osunbor opted to trek and did not enter the
Defendant's car to leave with him. lt should be. According to PW2, the eight keys
were left by the Defendant at the ATM gallery inside a cellophane bag, and
thereafter, according to her, Vitalis absconded.
It should be noted that PW1 who came to give evidence in Court did not
emphasis on Vitalis Osunbor and the Defendant being together whilst doing their
job on that weekend. lt should be noted that without the combination there can
be no access to the ATM machine which contains the cash inside the said
machine. lt should be noted also that the Defendant showed up for duty on the
21"t of February , 2022 while Vitalis Osunbor, had absconded with missinE cash
and ATM keys" PW2 the lPO, stated quite firmly and emphatically that she invited
the Bank Manager to give details of the bank operation, and she refused to come
to the Police station. PW2 stated that she is not aware if it is the practice of First
Bank Plc to allow staff to take home company properties. PW2 also stated that
she is not aware of any operational schedule existing in First Bank of Nig. plc.
It should be noted that PW1 did not tell this Court whether the Defendant
and Vitalis Osunbior were to be working together almost like Siamese twins or if
staff of the bank were to keep keys within the Bank premises or to carry keys or
company properties home. The Bank's branch manager, [Vlr. Frank, [Vlr. Faru, Joy
or even the security staff if they had testified in Court would have thrown more
light on this. They are vital witnesses, and, they failed to testify in Court which
could prove fatal.
PW2 re-iterated the fact that she was not given any CCTV footage, and
that she was aware of the existence of CCTV in First Bank of Nigeria, plc. As
explained hereinbefore, it is needless to point out the necessity of this Court
repeating itself. lt is also very unfortunate that PW2 lamented the uncooperative
attitude of the said Bank's officials to the extend that she invited the said staff to
accompany her to conduct a search of the resident of the Defendant, but they
failed to do so.
t4