By Ikechukwu Nnochiri

In two separate judgements yesterday, the Court of Appeal sitting in Abuja, reviewed and reduced the 14-year prison sentence that was handed to two convicted former governors, Mr. Joshua Dariye of Plateau State and Reverend Jolly Nyame of Taraba State.

While the appellate court reduced ex-Governor Dariye’s jail term to 10 years, it pruned Nyame’s prison sentence down to 12 years but added fine to the penalty.

It held that the maximum sentence that trial Justice Adebukola Banjoko of the High Court of the Capital Territory at Gudu, imposed on Nyame and Dariye on May 30 and June 12, respectively, were excessive.

The appellate court noted that though the law imbued the trial Judge with discretionary powers to pass sentence, it held that sections 310, 311 and 416 of the Administration of Criminal Justice Act, ACJA, 2015, provided guidelines for sentencing, adding that such discretion must be exercised judicially and judiciously.

The appellate court further quashed counts 12 and 23 of the charge that formed part of allegations upon which Dariye’s conviction was based.

It held that the two counts were legally defective, though it upheld all the other decisions of the trial court, including the order for restitution and forfeiture of assets that were traced to the convicted former governor.

Nevertheless, in the case of Nyame, the appellate court ordered him to pay fine in the aggregate sum of N525million, stressing that the law under which he was tried and convicted, had a mandatory provision for both imprisonment and fine.

The court observed that the trial court imposed only 14 years prison sentence on Nyame without adding a fine, contrary to mandatory provisions of section 311(c) of the ACJA.

“The trial court had no discretion to chose one and leave the other”, held Justice Emmanuel Agim who read the lead verdict in Nyame’s case.

The two unanimous judgements of the appellate court were delivered by different three-man panel of Justices that were led by Justice Abdul Aboki.

Meanwhile, in a landmark pronouncement, the appellate court, held that governors, being public officers that are bound by the principle of accountability, have a legal duty to give account of funds that are allocated to their states as ‘Security Votes’.

“Any public officer by whatever description, if you are given public fund for the purpose of security of the state, you have a legal duty to account for how the money was used.

“If you fail to give account, then you must return it back to the state coffers.  If you fail to do so, it then amounts to stealing and dishonest breach of public trust”, Justice Agim held.

He noted that Nyame had before the trial court, admitted that various sums of money, ranging from N20m to N30m, which he expended whenever he visited Abuja, was part of funds that accrued to him as Security Vote.

“It is unfortunate that we have a penchant for appropriating public fund as our personal fund in this country.

“The trial court was right to have convicted him”, Justice Agim held, just as he decried what he termed as devastating impact of official corruption in Nigeria, saying it has become worst than terrorism and genocide.

The court said it decided to review both Dariye and Nyame’s sentences, so as to bring it in conformity with sections 315 of the Penal Code Act and 416 of the ACJA.

It will be recalled that Justice Banjoko had on May 30, found Nyame guilty on 27 out of the 41-count money laundering charge the Economic and Financial Crimes Commission, EFCC, preferred against him.

Specifically, the court sentenced him to 14 years for criminal breach of trust, 2 years for misappropriation, 7 years for gratification and 5 years for obtaining valuable public properties without consideration.

However, the appellate court on Friday, reduced the sentence which is running concurrently, to 12 years, 5 years, 4 years and one-year and nine months, respectively, with fines ranging from N100m to N5m.

EFCC had alleged that Nyame who held sway as Governor of Taraba State from May 29, 1999, to May 29, 2007, looted public funds to the tune of N1.64billion.

The prosecution, in the charge dated May 13, 2007, told the court that the former governor perpetuated the fraud between January 2005 and May 2007, through various bogus contracts.

Nyame had pleaded not guilty to the charge which he insisted was not only incompetent, but brought against him in bad faith.

On his part, Dariye who was governor of Plateau State from 1999 to 2007 and the current Senator representing Plateau Central, was convicted for diverting public funds to the tune of N1.126billion.

He was found guilty on 15 out of the 23-count criminal charge the EFCC entered against him.

The trial court said it was satisfied that the ex-governor, being a public officer that had full dominion and control of ecological funds the Federal Government released to Plateau State in 2001, converted and diverted same for his personal use.

It held that the ex-governor criminally misappropriated funds and acted in violent breach of public trust and his oath of office.

Dissatisfied with their imprisonment, the two ex-governors approached the appellate court, begging it to set-aside their conviction. Aside accusing the trial Judge of importing extraneous facts they said were not in evidence and totally irrelevant to charges against them, the duo contended that EFCC failed to establish essential elements of the criminal allegations it levelled against them.

Besides, the convicts urged the appellate court to determine if the lower court was right to categorize them as public officers.
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While dismissing their contentions, the appellate court panel held that under sections 176(2) and 318(1) of the 1999 constitution, as amended, the Appellants were not only public officers, but Chief Executive Officers of their states.

It noted that section 124 of the Constitution, aside prescribing that they should be entitled to salaries and other emoluments, equally okayed them to receive gratuity and pension.

The court added that the duo were expressly barred from engaging in any other form of work while in office as governors.

“It is beyond argument that the governor of a state is in the service of that state and therefore a public servant”, the court held.

The appellate court said it was satisfied that the trial high court Judge carried out intensive and extensive evaluation of proof of evidence that were adduced against the former governors by EFCC, before it found them guilty.

It held that the issue of territorial jurisdiction that the convicted ex-governors raised in their appeal, amounted to abuse of court process since the issue was earlier thrashed by the Supreme Court which gave the trial court the nod to try them.

Meanwhile, shortly after the judgement, both Dariye and Nyame, through their respective lawyers, vowed to take their case before the Supreme Court.

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