A Federal High Court in Abuja has ordered a retired Director (Administration and Finance) at the Abuja Metropolitan Management Council (AMMC), Garba Mohammed Duku, to either refund N1,592,750,000 (N1.6b) to the coffers of the Federal Government or spend the next four years in prison.
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Justice James Omotosho issued the order yesterday after convicting Duku, who retired from the AMMC in 2014, of the offences of corruption and money laundering on a six-count charge brought against him by the Independent Corrupt Practices and Other Related Offences Commission (ICPC).
Duku, who looked well-fed with glowing skin, was said to have committed the offences between 2012 and 2013, when he converted funds totaling N318,550,000 transferred from AMMC into his personal account domiciled with Fidelity Bank Plc.
Justice Omotosho found that Duku received N56,250,000 into the Fidelity Bank account on July 23, 2012; N71 million in December 2012; N53 million on December 7, 2012; N54 million in December 2012; N46 million on March 8, 2013; and N36,300,000 on March 21, 2013.
The judge found that not only was the defendant unable to justify the payment of his employer’s funds into his personal account, which he opened just a year earlier (2011) and which became dormant immediately after he retired, but he also failed to provide convincing evidence for what official projects the funds were deployed for.
Justice Omotosho noted that the manner in which the defendant withdrew the funds hastily in tens of millions, some of which were sent to a bureau de change for conversion to United States dollars, betrayed a sinister motive.
The judge found that the defendant, in his statement to the ICPC, claimed to have handed some of the funds in dollars to some of his superiors—a claim the court said he failed to support with evidence.
Justice Omotosho also noted that some of his subordinates, called as prosecution witnesses, claimed to have been directed to issue certificates of completion for projects they did not inspect—a claim, the judge said, that the defendant also failed to disprove.
He faulted the defendant’s lawyer’s argument regarding the appropriation of the funds, noting that most of the monies appropriated by public officials in the country are duly budgeted for projects.
Justice Omotosho found that the prosecution established all the relevant ingredients relating to the offences charged and proved its case beyond reasonable doubt, as required under the law, with the three witnesses called.
He also found that the defendant failed to dislodge the case of the prosecution through his sole witness, which was himself.
The judge accordingly convicted the defendant on all counts.
In his allocutus, the defendant, who said he could not fully recollect all that happened while he was in service when he made statements to the investigation some years later, prayed the court for mercy.
The judge proceeded to sentence Duku to four years’ imprisonment per count, with an option of a fine, which must be equivalent to five times the amount listed in each count.
For count one, he is to refund N355 million; count two, N230 million; count three, N270 million; count four, N266.25 million; count five, N280 million; and count six, N191.5 million.
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