THE LAWYER’S CRIME DIARY: THE OFFENCE OF CRIMINAL BREACH OF TRUST.

​This offence is committed where the accused is entrusted with property, or has any dominion over property, and dishonestly misappropriates or converts that property to his own use in violation of any direction of law prescribing how such property is to be discharged. 

See Section 311 of the Penal Code; Adeyanju v FRN (2020) LPELR-50243(CA); Adeniji v FRN (2021) LPELR-52818(CA); and Bari v Kano State (2021) LPELR-56176(CA).

INGREDIENTS

​The following ingredients must be proved:

  • ​That the accused was entrusted with property or had dominion over it;
  • ​That the accused misappropriated, converted, or disposed of the said property;
  • ​That the accused did so in violation of any direction of law prescribing the mode in which such property was to be discharged, or that he intentionally allowed another person to do so; and
  • ​That he acted dishonestly.

​See Uzoagba v COP (2014) 5 NWLR (Pt. 1401) 441.

POWERED BY DR PRINCE AZUBUIKE

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