Precisely a week today, in a landmark decision, a Federal High Court, Abuja, presided over by Justice Adebukola Banjoko sentenced Taraba State former Governor, Jolly Nyame, to 14 years’ imprisonment for criminal breach of trust and misappropriation of the sum of N1.64bn belonging to the state. PATRICK ANDREW examines former Governor Jolly Nyame’s conviction.
11 years trial ends well
The judgment, apart from marking the end of 11 years’ trial, is the first of such high profile conviction of a highly placed political figure. Indeed, the decision is remarkable being the first criminal proceedings to be conducted in a Nigerian court that has ended in a guilty verdict. The former governor, was convicted on a total of 27 out of the 41 counts preferred against him.
He 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, and taking valuable thing without consideration and receiving gratification as a public officer.
The sentences were the maximum provided by the law under which the convict was charged in May 2007. There was no option of fine on any of the counts. But the sentences, according to the judge, are to run concurrently.
Notably, the court also directed that all the funds previously recovered by the Economic and Financial Crimes Commission from aides to the ex-governor and other government officials involved in the scam be forfeited to the Taraba State government.
Recall that the EFCC had in May 2007 charged Nyame with 41 counts of criminal breach of trust, criminal misappropriation, taking gratification and obtaining valuable thing without consideration. The trial began to have some speed when the Supreme Court laid the defendant’s appeal against the validity of the charges to rest by dismissing it in 2016.
As the case dragged on, many doubted it would lead to any conviction in view of the array of similar cases where the anti-graft agency- the EFCC- failed to put up a good enough fight to secure conviction.
Failed cases
For instance, the EFCC lost four key cases within 96 hours sometime last year. The loss was monumental and embarrassing as many had thought the EFCC going by the magnitude of the cases would at least use one to authenticate its fight against corruption.
The loss of the cases, which were instituted before several federal courts in the country, embarrassed the Presidency and dampened the confidence and faith of Nigerians in the anti-corruption war. Indeed, it painted a dismal picture of the EFCC’s capacity to successfully prosecute any financial criminal case to a logical conclusion. The EFCC lost four high profile court cases on legal technical grounds, and not lack of strength of the case.
The first of such cases was the defeat the federal government suffered against Mike Ozekhome, whose account containing the sum of N75 million allegedly paid to him by Ekiti State Governor, Ayo Fayose in legal fees, was unfrozen by the court. Then come the case involving Justice Adeniyi Ademola, his wife Olabowale, and a Senior Advocate of Nigeria, Joe Agi.
A Federal High Court in the Federal Capital Territory struck out the 18-count corruption charge the federal government levelled against them. The court held that government failed to prove any of the allegations it levelled against the former Abuja Division Judge.
Same week in Lagos, a Federal High Court issued an order unfreezing the Skye Bank account of former First Lady, Patience Jonathan. In November, the EFCC had filed an application before the court calling for an order freezing the account. EFCC contended that the account holding $5.8 million holds money it reasonably suspected to be proceeds of crime.
Subsequently, a federal court discharged and acquitted former Niger Delta minister, Godsday Orubebe, of all corruption allegations. Worried by these losses and a dent on his anti-corruption war, President Muhammadu Buhari ordered the EFCC and other agencies to sit up and stop losing cases in courts.
Buhari warns anti-graft agencies
So embarrassing were these defeats that the Buhari administration directed anti-graft agencies to ensure that corruption cases are not lost again.
EFCC slammed
Following the dismal performance of the EFCC in the four notable cases, Nigerians rose in open condemnation of the commission insisting the state would continue to lose cases because the anti-graft agency arrests people “without proper and thorough investigation”.
According to Barrister Wale Otuniyi, “Arresting people without proper and thorough investigation is the reason EFCC continues to lose its cases. How can you arrest someone, put him in detention and start looking for evidence to prosecute him?”
On what to do to reverse the trend, Otuniyi said the EFCC needs to improve on its investigation of allegations against suspects. The agency has to be more diligent in the investigation of financial crimes and the prosecution of offenders.”
Others think the EFCC officials allow exuberance rather thoroughness to be their prime consideration in pursuing a case against suspected persons. They think giving too much attention to media hype do often ruin their chances of building strong cases against suspects. They, therefore, urged the anti-graft agency to dwell less on playing to the gallery through media hype, but concentrate on building near-watertight defences against suspects.
Further, they appealed to the EFFC to streamline the counts it brings against suspects.
“The EFCC is fond of going to court with so many counts as charges. It is an indication that the prosecution is unsure of what it is doing when it brings about 40 to 50 count charges against a person”.
Bleak expectation?
And so when the Nyame’s 41-count charge was at a climax, many Nigerians that had apparently lost faith in the ability of the EFCC to build strong cases: both technical and legal and ensure that criminal cases are closed with telling effect, were less hopeful it would yield any conviction.
However, like wounded lion, the EFCC adduced concrete evidences against Nyame and proceeded to defend them with venom enough to remove all reasonable doubt and convinced the judge to grant it majority of its prayers.
Nyame’s offences
He received N100m in one for presidential visit.
Was paid N295m in months for supply of stationery and equipment never delivered.
He got paid N24m for grains never supplied.
Received N80m gratification from a firm
The Judgment
Accordingly, Justice Banjoko, after listening to both the defence counsel and the prosecution counsel, observed in her 5 hours of judgement that there was no contractual agreement between Salman Global Venture Limited-the firm that won the contract to supply the stationery and the state government, yet the company repeatedly received payments for the supplies, which it never carried out.
The Judge observed that the procedure preceding the release of the funds to the company was fraught with sidelining key officials that should be involved as well as breaches of the state’s financial regulations and the mode of award of the contracts stipulated in the memo which the ex-governor signed for their approval.
In establishing her judgement, she said the sum of N250m was approved by the former governor, Nyame on December 30, 2004. “By this, the defendant gave his blessing to that memo barely a day to the end of the year precisely on December 30, 2004,” noting that the item the money was meant for had been part of the budget of the state for year 2004.”
She said Nyame could not feign ignorance that the items were not supplied yet went on to sanction successive approvals for the same company to supply the items. “Had this not stopped, only God knows what would have happened to Taraba State now,” she said.
Is Nyame’s conviction sign of things to come?
“There was no way the defendant having a sense of responsibility would have granted another approval after the N250m was approved and the stationery and office equipment it was meant for were not delivered.”
Further, she averred that the ex-governor neither raised any question nor issued any query. He neither raised any commission of inquiry nor filed any suit against the company or even attempted to file charges against the company.
The judge also noted the fact that Salman Global Ventures Limited did not bid to participate in the contract and was not even qualified to participate in the direct labour mode for the supply of the items which was the mode stipulated on the memo signed by the governor, and the relationship which the Managing Director of the company had with the ex-governor, showed that the convict was a beneficiary of the scam.
Justice Banjolo also convicted Nyame for also receiving about N80m as gratification from Salman Global Ventures Limited. He was also convicted of authorising the payment of over N100m for the hosting of the then President in the state in April 2005.
He was also found guilty of payment of N24m meant for the “purchase of grains for the Taraba State Local Government Areas and some interest groups.”
Although Nyame had claimed that rice was purchased from a rice seller in Lagos, delivered to the state’s liaison office in Abuja and later delivered to the state in Jalingo, the state capital, the judge said there was no evidence to back the claim.
She added that the convict authorised the payment of about N345m within five months to Salmon Global Ventures Limited without delivering the items the money was meant for.
Concluding her ruling, Judge Banjoko, said: “I must say that I am morally outraged by the facts of this case; the people of Taraba State had elected the defendant, a clergyman, on three different occasions; their expectations must have been very high. “How would he begin to explain to the people of Taraba State his actions? How would he explain such a colossal loss to the people?…”
She proceeded to convict Reverend Jolly Nyame for misappropriating N1.64 billion from the state’s treasury through shoddy stationery contracts which he awarded at the tail of his eight years administration that ended in 2007.
Corrupt finance ministry
The judge said after she carefully examined all the evidence EFCC tendered before the court, she concluded that it was “either the defendant entered into office without a corrupt mind and became corrupted, or he was corrupted ab-initio.
“There was such a crazy level of corruption in the air in Taraba State Ministry of Finance. It is however amazing that none of the officials were arraigned”, Justice Banjoko added.
Group lauds EFCC
In a swift reaction, a Muslim Rights Concern (MURIC) commended the EFCC for doing a thorough investigation.
“It implies that there is light at the end of the tunnel. Those who had lost hope in the Nigerian project should now reposition themselves as more evidence has emerged to prove that the stage is set for a better Nigeria.
“The main reason for people losing hope in this country has been the general lack of accountability. Crooks in government were stealing with impunity and nobody was ever questioned or arrested. Our values were bastardised.
“Criminals were celebrated. But change a here. Those who stole our common patrimony are now being made to face the music. It therefore behoves true patriots to rally behind President Muhammadu Buhari and his administration.”
Sign of good things to come
The Chairman, Presidential Advisory Committee Against Corruption, Prof. Itse Sagay (SAN), described the judgment as a sign of good things to come.
Sagay said since the Administration of Criminal Justice Act was signed into law in 2015, it had become difficult for senior advocates defending influential Nigerians to exploit the justice system.
“What has happened is that we are beginning to feel the effect of the ACJA. Jolly Nyame’s trial started around 2007 and his lawyers did the usual by trying to sabotage and subvert the process of trial by filing several applications and that was why it took so long.
“Soon, you will begin to hear about more convictions. This marks an end of an era where senior advocates deliberately subvert justice in this country because of the huge pay they receive from the proceeds of crime”, the PAAC chairman said.
Sagay said the convict would not be released from prison except on strict health grounds. “He cannot be free. He will be in prison. The only thing he can do is to apply for bail and that is almost impossible because you must be able to establish that the state of your health is extremely bad that your life may be endangered if you remain in prison,” he said.
A human rights lawyer, Mr. Femi Falana (SAN), also hailed the judgment, noting that the case was concluded on a good note.
He commended the judge for her courage and integrity and the EFCC for its perseverance. Falana said, “At long last, the case was concluded on a good note. For almost a decade the case was suspended through stay of proceedings.
“But for the abolition of stay of proceedings by Section 306 of the Administration of Criminal Justice Act, 2015, the case would have been suspended again and again.
“I congratulate the trial judge for her courage and integrity. I commend the EFCC for its perseverance. I am sure that with the conviction of more VIPs, the prisons will no longer be peopled by the hoi polloi alone.”
Also, the Second Vice-President of the Nigerian Bar Association, Mr. Monday Ubani, hailed the investigating teams, the prosecutors for doing “a thorough job” and the judiciary for doing justice”, adding it “means there is hope if we do things right in this country.”
“This is what we have been saying that if the investigators do thorough investigations and the prosecutors do the right thing, the judiciary does not have the choice but to send the corrupt persons to jail.
“But don’t let us forget that the defendant has the right to appeal all the way to the Supreme Court. It is after the case has passed through the crucible of the appellate courts and the judgment remains intact that we can begin to boast that we are doing the right thing.”
Similarly, the Chairman, Senate Committee on Local and Foreign Debt, Senator Shehu Sani, lauded the EFCC for ensuring that all grounds were covered to secure conviction.
“Men who fell from grace, and now facing the consequences of their conduct while in office, once held the arrogant belief prevalent in the psyche of the Men in power today, that it will never happen to them but to others.
“A leader or leaders raised to an infallible status by those who love them, loses the privilege of grace accorded to mortals and the waiver of human imperfections from those who will assess or score them”.
Long arm of the law
Before now, four former governors were either sent to jail or legally embarrassed enough to sent them scampering for safety in political oblivion.
“Nyame’s imprisonment has cemented the resolve of this administration to bring about change in Nigeria. This will bring to five the number of ex-governors sent to jail since the beginning of President Muhammadu Buhari’s war against corruption.
First was James Bala Ngilari, ex-governor of Adamawa State, bagged five years in March 2017, although he was later set free.
Babangida Aliyu, former Niger State governor, tasted the bitter pill on 25th April, 2017 when he was remanded in prison. Sule Lamido, ex-governor of Jigawa State, was also remanded in prison on 2nd May, 2017. Jonah Jang, the former governor of Plateau State was remanded in prison custody on May 16, 2018. It is an unprecedented challenge of the status quo ante.
