The Kogi State High Court sitting in Lokoja has discharged and acquitted a former bursar with the Kogi State College of Education, (Technical ) Kabba, Dr Usman Mohammed, accused of embezzling N88m belonging to the institution.
Dr Mohammed, (first defendant) alongside Mr John Amobeda (second defendant) were standing trial on a six counts ranging from conspiracy to commit criminal breach of trust, criminal breach of trust, cheating, forgery, conspiracy to commit criminal misappropriation and criminal misappropriation punishable under section 97(2), 315, 322, 364 and 309 of the Kogi State penal code.
Justice Esther Haruna, in her judgement on April 3, 2023, which was made available to journalists held that in criminal trials, the burden was always on the prosecution to prove its case beyond reasonable doubt and not shift, adding that the prosecution woefully failed to prove its case against the first and second defendant on each of the six charges.
Part of the court judgment reads; “As rightly submitted by the learned counsel to the first defendant, M. A. Akande Esq., by the nature of the allegations levied against the is founded on documents.
“DW2 admitted this fact when he told the court in cross-examination that “the allegation of criminal breach of | trust, manipulation of payroll and diversion of funds are supposed to be evidenced by documents.
“For the 5th and 6th charges of conspiracy and criminal misappropriation of N30,100,000.00, none of the ingredients of the offences was established by the prosecution.”
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