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Is Embezzlement of Government Funds Criminal or Breach of Trust? The Nigerian Experience

Authors: OLUGASA Olubukola

Publication Type: Journal article

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Abstract

Law is generally classified into criminal and civil. This classification, according to Glanville Williams, is artificial. Whether that observation of the learned Professor of Law is sustainable or not is not the issue here. The concern is; which class of law should embezzlement of public funds be? Should the suspect be prosecuted under criminal or civil law? The implications of either choice are quite different and not equally rewarding. If prosecuted under criminal law and procedure, the prosecution has the task of proving beyond reasonable doubt; the State pays all expenses incurred by the prosecution, takes care of the Defendant if he is in detention produces him in court and also has to get witnesses to court. Where the Defendant is found guilty and jailed, many times the stolen fund is not recovered or a significant part of it is unrealizable. If prosecuted under the law of trusts however, the result is different; the fund is traced and the defendant is made to regurgitate the embezzled sum and account for profit made therefrom. The technicalities of civil proceedings are less and the standard of proof is less stringent. This paper, through doctrinal approach compares the two sides of prosecution and suggests the most economical and more rewarding procedure.

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OLUGASA,O. . (0000). Is Embezzlement of Government Funds Criminal or Breach of Trust? The Nigerian Experience, 0 (), 0-0.

OLUGASA,O. . "Is Embezzlement of Government Funds Criminal or Breach of Trust? The Nigerian Experience" 0, no (), (0000): 0-0.

OLUGASA,O. and . (0000). Is Embezzlement of Government Funds Criminal or Breach of Trust? The Nigerian Experience, 0 (), pp0-0.

OLUGASAO, . Is Embezzlement of Government Funds Criminal or Breach of Trust? The Nigerian Experience. 0000, 0 ():0-0.

OLUGASA,Olubukola , . "Is Embezzlement of Government Funds Criminal or Breach of Trust? The Nigerian Experience", 0 . (0000) : 0-0.

O.Olubukola , "Is Embezzlement of Government Funds Criminal or Breach of Trust? The Nigerian Experience" vol.0, no., pp. 0-0, 0000.

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