of Sokoto state 2019. Triable by this
court.
In arguing this appeal, the learned silk submitted that the trial court in
its efforts to ascertain whether or not the prosecution has proffered the
required evidence to prove the two {2} offences framed against the
respondent, did not make any distinction between the ingredients
required for the proof of the offences of criminal breach of trust and
criminal misappropriation and referred to page 2 and 3 of the judgment
of the trial court in which the trial court lumped the ingredients
together as being identical in nature.
He argued that on the authority of the Supreme Court case of Edun V.
State {2019} 13 NWLR pt 1689 p 326 at 356 Paragraph A,
entrustment
is not
an element of
the offence of
criminal
misappropriation, and so the trial court was wrong in law when at
page 2 of its judgment held entrustment of a movable property as
number 1 element of the offence as entrustment is only applicable to
the offence of criminal breach of trust.
It was his further submission that going by the evidence on the record
as led by the prosecution, the prosecution has proved all the elements
of
the
offences
of
criminal
breach
of
trust
and
criminal
misappropriation beyond reasonable doubt against the respondent.
He submitted that as to the 1st ingredient of the offence of criminal
breach of trust that the defendant was entrusted with movable
property, he argued that the testimonies of PW1, PW2, PW3 and even
the respondent as DW1, all established that N8,000,000:00 was
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