allocation letters issued by the 2nd Defendant, and the
statement of accounts of the 2nd and 3rd Defendants it is
obvious that there was common intention among the
accused persons. I so hold.
On whether the common intention was to commit
crime, I shall delved into same in considering count two
charge i.e criminal Breach of Trust punishable under
section 312 of the penal code.
For avoidance of doubt the said section is hereby
reproduce;
“Whoever, being in any manner entrusted with
property
or
with
dominion
over
property,
dishonestly misappropriate or converts to his own
use or disposes of that property in violation of any
direction of law prescribing the mode in which
such trust is to be discharged or of any legal
contract express or implied which he has made
touching the discharge of such trust or wilfully
FEDERAL REPUBLIC OF NIGERIA AND KAYODE GABRIEL ADENIJI & 2ORS
33