N1.64BN DIVERSION: 11 years after, court jails exTaraba Gov Nyame 14 years

N1.64BN DIVERSION: 11 years after, court jails exTaraba Gov Nyame 14 years
By Kehinde Osasona Abuja Eleven years after the commencement of his trial, former Taraba state Governor, Rev.
Jolly Nyame, was yesterday handed 14 years in prison without an option of fi ne.
Also, the trial judge, Justice Adebukola Banjoko of the FCT High Court, Gudu, Abuja, ordered the refund of monies diverted by the former governor to the state.
These were the high points of a trial that had lasted 11 years.
For the Economic and Financial Crimes Commission, it is another plus, having secured the conviction of a former governor of Adamawa state, Mr. Bala Ngilari in March, 2017.
But Ngilari, who bagged fiveyear jail term from an Adamawa High Court, has taken his case to the appellate court.
The anti-graft agency dragged Nyame to court for allegedly diverting N1.64 billion in May 2007.
In a 41-count charge, all bordering on fraud, the EFCC accused the erstwhile state chief executive of abusing his office by colluding in the fraudulent transfer of funds from the state coffer to a company, Saman Global for the purchase of office equipment and stationeries that were never delivered in December 2004.
Similarly, Nyame was also accused of fraudulently enriching himself and abusing public trust.
Delivering her judgment which spanned over five hours, Justice Banjoko went down memory lane on the various testimonies by witnesses from both parties, and how she arrived at her ruling.
She painstakingly pointed out the various confessions of fraudulent transactions, concluding that evidences against the defendant were grossly overwhelming.
According to the judge, even the defence witnesses alluded to the crimes contained in the charge against the defendant.
The trial judge likened the perpetrators’ actions under the full glare of the ex-governor, to the story of Ali Baba and the 40 thieves Relying on a memo which formed the basis of the fraudulent transactions, the trial judge queried the motive behind the ex-governor’s ‘ratification’ of the said memo, despite claiming not knowing anything about the fraudulent transaction.
She said: “From the evidence alluded in court, transactions by the treasury of the Taraba State government begin with a memo.
Now, a memo has a root course that is traceable to a decision,” stressing that where the said memo becomes a proven source of questionable transactions, it would only be natural to trace the said memo to its source.
The trial judge also faulted Nyame’s failure to investigate the indiscriminate fl ow of funds under his full glare, pointing out that the erstwhile governor confessed that he never conducted such investigation.
She noted that “it is only under cross-examination that the defendant said he did not carry out the investigation, because the EFCC was already carrying out a similar investigation.” On the confessions by witnesses, including the managing director of Saman Global that the company was never involved in the delivery of stationeries, she said: “If Saman Global has no history of supplying 11 years after, court jails ex-Taraba Gov Nyame 14 years stationeries into Taraba State, then their injection into the fl ow must have been questionable.” The trial judge further recalled the testimonies of Nyame’s Commissioner for Finance, Abubakar Tutari, who played a leading role in the many cases of administrative breaches in the transfer of the funds to Saman Global.
On this, she said, although the defendant denied knowledge of the transactions, pointing out that either of them was lying to the court.
According to her, “it is a question of Alhaji Tutari’s words against that of the defendant.
So the golden question is who is lying among the two of them, because somebody is lying?” Continuing, the judge said: “It is imperative to bring to the fore, the background of Ababakar Tutari.
According the defendant, he was a serving senator of the Federal Republic of Nigeria.
Alhaji Tutari said he had known the defendant since 1992 when he was Speaker of the Taraba State House of assembly.
“Their relationship sprang from that time till when he was governor, in 1999.
During this period, he served as commissioner in four ministries, namely; fi nance, rural development, water resources, sport and youth development.
So they were close.” Also, the judge recalled that Tutari, who had told the court that the defendant was his benefactor, had also indicated his willingness not to bite the finger that fed him.
Yet, fl owing from the testimonies of witnesses in court, the judge noted that Tutari bypassed the permanent secretary and instructed the accountant to pay N250 million.
“By this act, Alhaji Abubakar Tutari certainly had clout to have pulled the rug from under the feet of the ministry of fi nance.
One thing alone is certain, he was not appointed by the people of Taraba state, but by the defendant who was elected by the people,” said the judge.
According to her, “the audacity of the defendant to direct the payment of N180 million out of N250 million shows he had more than a casual interest,” stressing that it is most probable that the defendant knew Saman Global would not deliver the said good.
In view of this, the judge continued, “in granting the approval, it means he ratifi ed the administrative recklessness.” Recalling another testimony, Justice Banjoko insisted that there was no reason for a separate approval of N165 million to the account of Saman Global for a delivery that was also never made.
She said: “Without delivery of any stationery, Saman Global received N345 million in five weeks, between January, 7 to February, 14 2005.
The progenitor of this impunity is no one else but the defendant.
“Virtually, all the witnesses, including the defendant, confirmed that he is the approver of the memo.
If so, he who approves should be responsible for what he has approved.
There is no way the defendant, having a sense of responsibility, could not have queried the fact that such approvals were made within a space of five weeks.
Did he question why the stationeries were never delivered? Did he institute a court action? He did nothing, thereby betraying trust bestowed on him,” the court ruled.
In view of this, the judge found the defendant guilty of 27 of the counts, bordering on allegations of criminal breach of trust, receiving of gratification, obtaining without due consideration and misappropriation of public funds.
And before delivering his verdict, the defence counsel prayed the court to consider the fact that the convict was never convicted of such offences, and that he was a family man who served his state four at least eight years.
But the prosecution counsel, Oluwaleke Atolagbe, quickly countered when he urged the court to consider the effects of the charges on the people of Taraba and the need to set a precedence that would prevent future occurrences.
Having listened to the two prayers, the trial judge in her ruling, expressed disappointment at the conduct of the accused.
“But I must say that I am morally outraged by the facts of this case.
The people of Taraba State had elected the defendant, a clergy man, 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?” the jurist asked rather rhetorically.
Justice Banjoko was further outraged that the defendant carried on with the allegations, even after realising that the commission was investigating his offences.
And at the end of it all, she handed the defendant various terms based on the offences, a maximum of 14 years in jail, without an option of fi ne, and ordered return of forfeited funds from the EFCC treasury to that of Taraba state.
Yero, 3 others in EFCC net Meanwhile, the immediate past Governor of Kaduna state, Alhaji Ramalan Yero, has been rearrested by the Kaduna zonal office of the Economic and Financial Crimes Commission.
Also in the anti-graft agency’s custody are former chairman of the Peoples Democratic Party in the state, Abubakar Gaya Haruna, former Secretary to the State Government, Hamza Ishaq and former minister, Nuhu Wya.
It was not clear why the quartet who was earlier invited for a ‘chat’ last week, were picked up again.
But an inside source said, their invitation “might be preparatory to their possible arraignment in court any moment from now.” Yero, a former PDP governor, is being investigated for his alleged role in the disbursement of the N750 million campaign fund ahead of the 2015 polls.