Appeal Court Okays Nyame’s Conviction, Reviews 14 Years Imprisonment To 12

In addition to Nyame’s 12 years’ sentence, the Justice Abdul Aboki-led panel imposed a fine of N100m on him, a punishment the lower court omitted in its judgment delivered of May 30, 2018. The fines imposed on Nyame ranged from N5m to N100m and totalled N495m. But with the court’s directive that all sentences both custodial and monetary should run concurrently, it implied that only the highest sentence of 12 years imprisonment and N100m fine would apply to Nyame. While the Court of Appeal affirmed the guilt of the former governors in most of the corruption charges leveled against them, it ruled that section 416 (2) of the Administration of Criminal Justice Act 2015, prohibits imposition of maximum sentences on first offenders such as the two convicts. Justice Aboki led the two separate three-man panels. With Justice Aboki on the panel that decided Dariye’s appeal were Justices Stephen Adah and Tinuade Akomolafe-Wilson. Also, Justice Adamu Jauro and Justice Emmanuel Agi sat with Justice Aboki on the panel that handled Nyame’s case. Justice Adebukola Banjoko of the High Court of the Federal Capital Territory in Gudu, Abuja, had on May 30, 2018, convicted Nyame in a total of 27 out of the 41 corruption charges involving about N1.6bn preferred against him. The former governor was convicted and sentenced to various terms of imprisonment with the highest being 14 years for offences bordering on criminal breach of trust, criminal misappropriation, taking valuable thing without consideration and receiving gratification as a public officer. Later, on June 12, 2018, Justice Banjoko also convicted Dariye and sentenced him to 14 years of imprisonment on charges of criminal breach of trust and to two years’ imprisonment on criminal appropriation of the state’s funds running to over N2bn. However, Chief Kanu Agabi (SAN) representing Dariye, and Mr. Ahmed Raji (SAN) for Nyame, had filed separate appeals for their clients, urging the Court of Appeal to set aside the High Court’s judgments and proceed to discharge and acquit their clients. But in response to the separate arguments, the counsel for the respondent, the Economic and Financial Crimes Commission, Mr. Rotimi Jacobs (SAN), urged the Court of Appeal to affirm the High Courts’ judgments. Delivering their judgments on Friday, both Justices Adah and Agim held that Justice Banjoko of the FCT High Court rightly convicted the defendants on majority of the counts alleged but cited the aforementioned reasons of being first offenders, among other reasons, for reviewing the sentences. Justice Agim also condemned the notion held by Nyame and some other former and serving public officers that certain public funds meant to be used for the security of the state were not to be accounted for and as such could not be stolen. “Security votes being government funds to be used for the security of the state must be accounted for by the recipient,” Justice Agim said.]]>

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