The Kogi State High Court sitting in Lokoja has discharged and acquitted Dr. Usman Mohammed, a former bursar of the Kogi State College of Education (Technical) Kabba, of the alleged embezzlement of N88 million belonging to the institution. Dr. Mohammed (the first defendant) and Mr. John Amobeda (the second defendant) were tried on six counts, including conspiracy to commit criminal breach of trust, criminal breach of trust, cheating, forgery, conspiracy to commit criminal misappropriation, and criminal misappropriation, all punishable under sections 97(2), 315, 322, 364, and 309 of the Kogi State Penal Code.
Justice Esther Haruna delivered the judgment on April 3, 2023, emphasizing that in criminal trials the burden of proof always rests on the prosecution, which must establish its case beyond reasonable doubt. She noted that the prosecution failed to meet this burden on each of the six charges against both defendants.
The judgment highlighted that the allegations were primarily based on documents. As counsel for the first defendant, M. A. Akande Esq., correctly submitted, “the nature of the allegations levied against the [defendant] is founded on documents.” Dr. Mohammed himself acknowledged this during cross‑examination, stating that “the allegation of criminal breach of trust, manipulation of payroll, and diversion of funds are supposed to be evidenced by documents.” Regarding the fifth and sixth charges—conspiracy and criminal misappropriation of N30,100,000.00—the court found that none of the essential elements of the offences had been established by the prosecution.
Comments are closed for this story.