Senator Joshua Dariye weeps in
Senator Joshua Dariye weeps in court
Ex-Governors: Appeal Court Reduces Jail Terms of Nyame,
Dariye
The Court of Appeal, Abuja Division upheld the conviction of
Jolly Nyame and Joshua Dariye, handed down on them by Justice
Adebukola Banjoko of a Federal Capital Territory, FCT High Court,
Gudu but commuted their sentences from 14 years, 12 and 10
respectively for being “first-time offenders”.
Justice Banjoko had on May 30, 2018 found Nyame, a former Taraba
State governor guilty and sentenced him to 14 years for criminal
breach of trust, two for criminal misappropriation, seven for
gratification, and five for obtaining by dishonesty to run
concurrently.
The trial judge on June 12, 2018 also found Dariye, a former
Plateau State governor guilty of 15 out of the 23-count amended
charge brought against him by the EFCC bordering on criminal breach
of trust and misappropriation of public funds, and sentenced him to
14 years in prison for criminal breach of trust and two years for
misappropriation of public funds, to run concurrently.
The two former governors, who are currently serving their jail
terms at Kuje Prison, had approached the Court of Appeal seeking to
have their convictions and sentencing set aside.
The three-man panel comprising of Justices Abdul Aboki, Stephen
Adah and Atinuke Komolafe-Wilson, which sat on the Dariye appeal,
gave its verdict on November 16, 2018.
Reading the lead judgement on behalf of the panel, Adah,
stressed that it was a unanimous decision. The Panel upheld the
conviction of Dariye based on counts one, two, three, four, five,
six, seven, eight, nine, 10, 11, 13, 17, 21 and 22.
Adah, however, stressed that the lower court ought to have given
consideration to the fact that Dariye was a “first-time” offender,
and also set aside his conviction based on count 12, while quashing
his conviction based on count 23.
In view of being a first-time offender, their lordship reduced
his sentencing of 14 years for criminal breach of trust to 10 years
on each count, reduced his two years sentence to one for
misappropriation of funds, all to run concurrently.
“The forfeiture order of the lower court is also upheld,”
Justice Adah added.
Meanwhile, Nyame was not so lucky as the Panel that sat on his
appeal, comprising of Justices Aboki and Emmanuel Agim, not only
upheld his conviction, but also fined him N495 million.
Reducing the sentencing of the lower court “in conformity with
Section 315 of the Penal Code and Section 416 of the ACJA 2015”,
Justice Agim who read the judgement, commuted Nyame’s jail term to
12 years and fined him N100 million each on counts one, two and
six; N50 million on count eight; N20 million on counts 10, 12, and
14; N10 million on counts 16, 18, 20, 27, 29, 30, 31, and 32; and
N5 million on count 36, totalling N495 million.
Nyame also had his sentence reduced from 14 years to 12 for
criminal breach of trust, from seven years to five years for
gratification and five years to four, for obtaining by
dishonesty.
Tony Orilade
Ag. Head, Media & Publicity
16th November, 2018
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N3.6bn Fraud: Former NDDC Director, Omatsuli, Gets N100m
Bail
Justice Saliu Seidu of the Federal High Court sitting in Ikoyi,
Lagos, on Friday, November 16, 2018 granted bail to a former
Executive Director on Projects, Niger Delta Development Commission,
NDDC, Tuoyo Omatsuli and one Francis Momoh in the sum of N100m
each.
The defendants are facing trial on a 45-count charge bordering
on conspiracy and money laundering to the tune of N3, 645, 000,
000.00 (Three Billion, Six Hundred and Forty- Five Million Naira)
only.
Omatsuli and Momoh, who were charged alongside their companies,
Don Parker Properties Limited and Building Associates Limited
respectively, were said to have shown personal interests in the
consultancy contract awarded to Starline Consultancy Services
Limited by the NDDC, thereby enriching themselves unlawfully.
The defendants, however, pleaded not guilty to the charge when
it was read to them.
Counsels to the defendants had, at the last sitting on November
8, 2018, applied for bail on behalf of their clients.
Consequently, the Judge had adjourned to November 16, 2018
(today) for hearing of the bail applications.
In his ruling on the applications today, Justice Seidu granted
bail to the defendants in the sum of N100m (One Hundred Million
Naira) each with two sureties in like sum. The sureties must be
residents in Lagos.
One of the sureties must be a civil servant and a blood relation
of the defendants, who must have a landed property in Lagos with
the Certificate of Occupancy, C of O.
The other surety must be a Deputy Director in any Ministry in
Lagos.
The defendants were ordered to submit their international
passports to the court’s registrar.
The Judge also held that the court’s registrar and the
prosecutor must be satisfied with the sureties.
The Judge ordered the defendants to be remanded in prison
custody pending the perfection of their bail conditions.
The matter was adjourned to January 8, 2019 for commencement of
trial.
Tony Orilade
Ag. Head, Media & Publicity
16th November, 2018