The crime of criminal breach of trust occurs where a property in the possession of the accused/defendant lawfully or with the consent of the owner is subsequently misappropriated or converted to the use of the accused person/defendant. DARIYE V. F.R.N (2018) HELAR; AJIBOYE V. FRN (2018) HELAR
The essential ingredient which a prosecution must prove in a charge of criminal breach of trust are as follows:
That the defendant was a public servant or officer
That in such a capacity, he had been entrusted with the money or property in issue in that case
That he had committed a breach of trust in respect of the money i.e either-
i. He had misappropriated it, or/Converted it to his own use;
ii. In anyway whatsoever disposed of it fraudulently and in a manner contrary to the directive given to him
See FRN V. BANKOLE (2012) FWLR (PT 629)1154; ONUOHA V. STATE (1988) 3 NWLR (PT.83) 460; WALTER V. SKYLL (NIG.) LTD (2000) FWLR (PT.13)2244, (2001) 3 NWLR (PT. 701)438; AIYEJENA V. STATE (1969) NNLR 73; DARIYE V. F.R.N (2018) HELAR; AJIBOYE V. FRN (2018) HELAR
No. Criminal breach of trust and theft are not the same and one act cannot be that of theft and also that of criminal breach of trust. They are separate offences. Ajiboye V. FRN (2018) HELAR