….orders SSG, others to stand trial

By Soni Daniel

Sokoto: A five-man panel of the Court of Appeal sitting in Sokoto and presided over by Justice Hannatu Sankey on Thursday voided the pardon granted two key suspects earlier arraigned by the Economic and Financial Crimes Commission for allegedly stealing N15 billion belonging to the state government.

Governor Tambuwal had surreptitiously granted amnesty to the former Secretary to the State Government, Alhaji Muhammad Maigari Dingyadi and Isa Sadiq Achida, while they were yet to take their plea in the case prosecuted by the EFCC, basing his decision on his prerogative as a governor.

But delivering judgments in two appeals lodged by the EFCC against the pardon, the court held that it was immature for Governor Tambuwal to grant the amnesty to the suspects when the case was still ongoing and no verdict reached by the court.

The judgment read by Justice Sankey and Justice Ndukwe-Anyawu, held that it was premature to grant pardon to persons who had neither been tried nor convicted, as they were still innocent at the time the governor decided to grant them pardon.

The judges noted that the two persons remain innocent until tried and convicted by a court of competent jurisdiction.

They therefore ordered the suspects to undergo trial and prepare to defend themselves against the charges pressed against them by the prosecution.

Consequently, the Court set aside the instrument of pardon as well as the discharge of the accused persons by the trial court.

The Appeal Court further ordered that the two accused persons be tried by another judge of the State High Court other than Justice Bello Abbass who handled the initial trial.

It will be recalled that the accused persons were being tried alongside former governor of Sokoto State, Attahiru Dalhatu Bafarawa, over a N15billion fraud.

A Sokoto State High Court presided over by Justice Bello Abbas had delivered a ruling which discharged them alongside three others, Alhaji Tukur Alkali, Bello Isah and one Alhaji Halilu Modachi.

Their discharge was sequel to a motion filed by the accused persons seeking to be discharged from further criminal proceedings based on a pardon granted to them by the Sokoto State Governor.

Dissatisfied with the ruling of the lower court, the EFCC approached the court of appeal sitting in Sokoto praying that the ruling of the lower court be set aside.