The Independent Corrupt Practices and Other Related Offences
Commission (ICPC) has appealed the judgment which acquitted Senator
Ahmed Sani and three others in a ‘N464.8m fraud’ charge.
Sani was charged on 19-count by ICPC alongside Hashim A. Dikko,
Development Management Limited and HAD Nigeria Limited for alleged
N464.8million fraud.
Part of the cash, which was voted for the repair of Gusau Dam,
was diverted for other use.
The three persons were arraigned before Justice Bello Mohammed
Tukur of Zamfara State High Court sitting in Gusau.
The former Zamfara State governor pleaded a no-case submission
because he was not a public officer.
ICPC spokesperson Rasheedat A. Okoduwa, said the anti-graft
agency filed an appeal before the Court of Appeal in Sokoto because
the trial judge did not limit himself to the evidence laid before
him by the prosecution.
The statement said: “The judge had ruled against ICPC in a
no-case submission entered by the former governor of Zamfara State,
Ahmed Sani, in an ongoing case of alleged diversion of public
funds, on the major plank that the ex-governor was not a ‘public
officer’ while in office.
“ In his ruling, Justice Tukur who discharged all the defendants
said “it is a natural consequence of the finding that the 1st
defendant (Ahmed Rufai Sani) is not a public officer.
“Not being a public officer, the 1st defendant could not be said
or found to have used the public office status that is not
available to him to confer any advantage upon another.”
“ICPC also appealed against the ruling on the ground that the
trial judge did not limit himself to the evidence laid before him
by the prosecution.
The Judge said: “…considering the position of the 1st defendant
as the Governor of Zamfara State at the material time in a civilian
government that of necessity must operate an open door policy, it
is not out of place for a Governor to meet with people intending to
do genuine business and to hold tentative or exploratory
discussions.
“To dismiss or condemn such meetings or discussions as illegal
or unlawful would in the view of this court unduly hinder the
ability of a Governor of State to effectively administer a
government…”
The Commission had earlier charged Mr. Sani and the three other
defendants to court on a 19-count charge of alleged diversion of
N464,820,189.24 out of N1billion loan allocated for the repair of
the collapsed Gusau dam to other services contrary to S 22 (5) of
the Corrupt Practices and Other Related Offences Act 2000.
“The Section says: “Any public officer who transfers or spends
any sum allocated for a particular project, or service, on any
other project, or service, shall be guilty of an offence under this
Act”.
“They were discharged on all the charges on a No-Case Submission
made by their defence counsel.
“ICPC is therefore asking the Court of Appeal sitting in Sokoto
to set aside the ruling and order the defendants to start their
defence of the case before another judge of the High Court of
Zamfara State.
The Independent Corrupt Practices and Other Related Offences
Commission (ICPC) has appealed the judgment which acquitted Senator
Ahmed Sani and three others in a ‘N464.8m fraud’ charge.
Sani was charged on 19-count by ICPC alongside Hashim A. Dikko,
Development Management Limited and HAD Nigeria Limited for alleged
N464.8million fraud.
Part of the cash, which was voted for the repair of Gusau Dam,
was diverted for other use.
The three persons were arraigned before Justice Bello Mohammed
Tukur of Zamfara State High Court sitting in Gusau.
The former Zamfara State governor pleaded a no-case submission
because he was not a public officer.
ICPC spokesperson Rasheedat A. Okoduwa, said the anti-graft
agency filed an appeal before the Court of Appeal in Sokoto because
the trial judge did not limit himself to the evidence laid before
him by the prosecution.
The statement said: “The judge had ruled against ICPC in a
no-case submission entered by the former governor of Zamfara State,
Ahmed Sani, in an ongoing case of alleged diversion of public
funds, on the major plank that the ex-governor was not a ‘public
officer’ while in office.
“ In his ruling, Justice Tukur who discharged all the defendants
said “it is a natural consequence of the finding that the 1st
defendant (Ahmed Rufai Sani) is not a public officer.
“Not being a public officer, the 1st defendant could not be said
or found to have used the public office status that is not
available to him to confer any advantage upon another.”
“ICPC also appealed against the ruling on the ground that the
trial judge did not limit himself to the evidence laid before him
by the prosecution.
The Judge said: “…considering the position of the 1st defendant
as the Governor of Zamfara State at the material time in a civilian
government that of necessity must operate an open door policy, it
is not out of place for a Governor to meet with people intending to
do genuine business and to hold tentative or exploratory
discussions.
“To dismiss or condemn such meetings or discussions as illegal
or unlawful would in the view of this court unduly hinder the
ability of a Governor of State to effectively administer a
government…”
The Commission had earlier charged Mr. Sani and the three other
defendants to court on a 19-count charge of alleged diversion of
N464,820,189.24 out of N1billion loan allocated for the repair of
the collapsed Gusau dam to other services contrary to S 22 (5) of
the Corrupt Practices and Other Related Offences Act 2000.
“The Section says: “Any public officer who transfers or spends
any sum allocated for a particular project, or service, on any
other project, or service, shall be guilty of an offence under this
Act”.
“They were discharged on all the charges on a No-Case Submission
made by their defence counsel.
“ICPC is therefore asking the Court of Appeal sitting in Sokoto
to set aside the ruling and order the defendants to start their
defence of the case before another judge of the High Court of
Zamfara State.
Read more https://nairalaw.com/icpc-appeals-ex-governor-sani-others-acquittal-for-n464-8m-fraud/