> The vital witnesses who failed to come and give evidence in Court created yawning gaps in the case for the Prosecution. Even in Exhibit A, the specific sum of Eleven Million, Four Hundred Thousand Naira was stated by the Defendant to be missing. The evidence before this Court points invertibly to Vitalis Osunbor, and, not the Defendant. PW2, the IPO gave evidence as to how she traced the homes of the parents of Vitalis, especially, the father who stood as guarantor, and how she merely dropped a letter of invitation with his (Vitalis) mother, and, that was the end of the investigation. There was no follow up on how to get Vitalis. This case was not properly investigated, and, so it is not safe to convict, moreso, when the elements of the offences as contained in the charge have not been satisfactorily proved before this Court. Again, the Defendant reported for work at his duty post. Vitalis absconded. The Defendant has no knowledge about the password or combination to gain access to the ATM machine, and, he the Defendant was not the person who loaded the ATM machines with cash. So, in short he, the Defendant had no access" The said missing money was not recovered from the Defendant. The attempt to even search his house was scuttled by the uncooperative attitude of the said Bank's officials according to PW2, the lPO. Nobody saw him steal the said money. So, in sum, this Court is of the view that the Prosecution has not successfully discharged the burden placed on it to prove the case against the Defendant beyond reasonable doubt. Thus the charge is dismissed and the Defendant is discharged and acquitted in respect of Counts I & ll of the charge. Dated at Effurun, this ]6.try of .... A$fri .......2023. ) ,1 E.A. ODJUGO, ESQ. CHIEF IUAGISTRATE (SPECTAL GRADE) 20