Elements of the Offence of Criminal Breach of Trust

CASE TITLE: AMODU v. STATE (2025) LPELR-82512(CA)

JUDGMENT DATE: 10TH NOVEMBER, 2025

PRACTICE AREA: CRIMINAL LAW AND PROCEDURE

LEAD JUDGMENT: UGOCHUKWU ANTHONY OGAKWU, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on the offence of Criminal Breach of Trust.

FACTS:

This appeal is against the judgment of the High Court of Borno State delivered on Thursday, 7th November 2024.

The Appellant was the Maiduguri Depot Manager of John Holt PLC, a company that, inter alia, deals in the sale and distribution of consumables and household products. Among the customers of John Holt PLC in Maiduguri is one Caraway Foods International Nigeria Limited. One Umar Magaji was the Maiduguri Regional Manager of the said Caraway Foods International Nigeria Limited. The Appellant had always dealt with the said Umar Magaji in the normal course of business as representatives of their respective companies for the release of goods from John Holt PLC to Caraway Foods International Nigeria Limited.

The facts on record disclose that sometime in December 2021, the Appellant released goods worth about N165 Million to the said Umar Magaji, without strictly following the usual procedure for the release of the goods. It seemed to have been an unauthorised credit sale of the goods as the said Umar Magaji was remitting payment in instalments. However, he later absconded without making full payment for the goods. About two years later, by a petition to the Nigeria Police Force dated 8th January 2024, John Holt PLC lodged a report of criminal breach of trust against the Appellant. Consequent upon the report, the Appellant was arraigned before the High Court of Borno State on a two-count charge of criminal breach of trust by clerk or servant and theft by clerk or servant punishable under Sections 314 and 289 of the Penal Code, Laws of Borno State, 1994 respectively.

The matter went to trial and its judgment; the trial Court convicted the Appellant as charged for the offence of criminal breach of trust by clerk or servant. It however struck out the count of theft by clerk or servant. The lower Court imposed a custodial sentence of five years and a fine of N500,000.00. A custodial sentence of two years imprisonment was decreed if the fine was not paid. Additionally, restitution in the sum of N165 Million was ordered, failing which restitution the Appellant would serve a further custodial sentence of ten years imprisonment. The terms of imprisonment were ordered to run consecutively.

The Appellant was dissatisfied with the judgment of the trial Court, and she appealed against the same in the instant appeal.

ISSUES FOR DETERMINATION:

The Appellant formulated the following issues:

1. Whether the lower Court was not wrong when it found that the Appellant acted dishonestly in releasing the goods in her custody to known customers?

2. Whether from the totality of evidence adduced before the lower Court, the lower Court was right in holding that the prosecution had proved the offence of Criminal Breach of Trust by clerk or servant against the Defendant beyond reasonable doubt?

The Respondent formulated the following issues:

“1. Whether or not the lower Court was right when it held that the Appellant acted dishonestly by releasing the goods in her custody to Umar Magaji?

2. Whether or not from the totality of evidence adduced in this case, the trial Court was right when he held that the prosecution has proved an offence of Criminal Breach of Trust by servant or clerk against the Appellant?”

DECISION/HELD:

The appeal was allowed. Appellant was discharged and acquitted.

RATIOS:         

• APPEAL- ARGUMENT ON APPEAL: Effect of an argument not covered by ground(s) of appeal
• CRIMINAL LAW AND PROCEDURE- MENS REA AND ACTUS REUS: Whether the prosecution must establish actus reus and mens rea in a criminal trial
• CRIMINAL LAW AND PROCEDURE- CRIMINAL BREACH OF TRUST: Ingredients the prosecution is required to prove where there is an allegation of criminal breach of trust; required standard of proof
• CRIMINAL LAW AND PROCEDURE- DOUBT: Effect of doubt in criminal proceedings/whether doubt must be resolved in favour of the accused
• CRIMINAL LAW AND PROCEDURE- CRIMINAL BREACH OF TRUST: Elements of the offence of criminal breach of trust
• EVIDENCE- CONFESSIONAL STATEMENT: Meaning and nature of confession; whether an accused can be convicted on a confessional statement
• EVIDENCE- BURDEN OF PROOF/STANDARD OF PROOF: Burden and standard of proof in criminal cases and whether proof beyond reasonable doubt means proof beyond a shadow of doubt

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