Posted by By GODWN TSA, Abuja and OSSIE SUNDAY, Jalingo on
Two former governors, Reverend Jolly Tevoru Nyame (Taraba) and Chief Joshua Dariye (Plateau) were yesterday docked before Justice Abimbola Banjoko of an Abuja High Court on allegations of stealing, criminal breach of trust, diversion of public funds, bribery and misappropriation of funds.
• Accused of stealing N5.5b
Two former governors, Reverend Jolly Tevoru Nyame (Taraba) and Chief Joshua Dariye (Plateau) were yesterday docked before Justice Abimbola Banjoko of an Abuja High Court on allegations of stealing, criminal breach of trust, diversion of public funds, bribery and misappropriation of funds.
Nyame is accused of stealing over N5.5 billion belonging to his state, while Dariye faces a fresh trial over contract award.
Both ex-governors were ordered remanded in prison custody by the court.Chief Dariye had last week been arraigned along with Dr Orji Uzor Kalu (Abia) and Alhaji Saminu Turaki (Jigawa) on similar charges.
The on-going trials are coming as the father of the ex-Taraba State helmsman, Mr. Tavoro Nyame, was summoned by the Economic and Financial Crimes Commission (EFCC) to Abuja yesterday.
Daily Sun reliably gathered that the father of the ex-governor and 18 top government functionaries including the disqualified Peoples Democratic Party (PDP), governorship flagbearer in the state, are to appear before the anti-corruption commission for questioning in connection with the recent arrest of the ex-governor.
Investigation further revealed that those invited were taken to Abuja in a chartered plane accompanied by suspected officials of the commission around 7.45a.m yesterday through Jalingo airstrip.
Reliable sources further revealed that those to also appear before the EFCC include the governorship flagbearer of the Action Congress during the April election in the state, who before then was the Commissioner for Finance under Nyame's regime, two former Secretaries to the State Government (SSG) and a one-time Principal Personal Secretary to Nyame.
However, a top government officer in Government House, Jalingo claimed ignorance of the development.
Specifically, Nyame who was docked at exactly 9.25 am, is facing a 41-count charge. The charge sheet against him reads: "That you Jolly Tevoru Nyame between January and February, 2005 at Abuja in the Abuja Judicial Division of the High court of the Federal Capital Territory, while being the Governor of Taraba State of Nigeria and in such capacity entrusted with dominion over certain property to wit: the sum of N250,000,000.00 (Two Hundred and Fifty Million Naira) meant for the purchase of stationery by the Taraba State Government committed breach of trust in respect of the said sum and you thereby committed an offence punishable under section 315 of the Penal Code Act Cap 532 Laws of the Federation of Nigeria 1990.
*That you Jolly Tevoru Nyame on or about April 11 2007 at Abuja in the Abuja Judicial Division of the High Court of the Federal Capital Territory dishonestly misappropriated certain property to wit: the sum of N32,300,000.00 [Thirty-two million, three hundred thousand naira] belonging to the Taraba State Government which sum was purportedly meant for the preparation for the visit by the then President Olusegun Obasanjo and you thereby committed an offence punishable under section 309 of the penal Code Act Cap 532 Laws of the Federation of Nigeria 1990.
*That you Jolly Tevoru Nyame on or about April 3, April 2005 at Abuja in the judicial division of the, High Court of the Federal Capital Territory, while being the Governor of Taraba State of Nigeria accepted from one Abubakar Suleiman of Alusab International Nigeria, Limited, a gratification in the sum of N80,000,000.00 (Eight Million) and you thereby committed an offence punishable under section 119 of the Penal Code Act Cap 532 Laws of the Federation of Nigeria 1990.
*That you Jolly Tevoru Nyame on or about July 8, 2005 at Abuja in the judicial division of the High Court of the Federal Capital Territory, while being the Governor of Taraba State of Nigeria and in such capacity entrusted with dominion over certain properties to wit: the sum of N24, 300,000.00 (Twenty four million, three hundred thousand naira) meant for the purchase of grains by the Taraba State Government, committed criminal breach of trust in respect of the said sum and you thereby committed an offence punishable under section 315 of the Penal Code Act Cap 532 Laws of the Federation of Nigeria 1990."
He, however, pleaded not guilty to all the charges while his counsel, Emmanuel Toro (SAN) moved an application for his bail on the grounds that the offences were bailable in law.
Nyame who rooted his application on the provisions of sections 36 and 341 (2) (b) of the constitution and criminal procedure code prayed the court to admit him to bail pending his trial.
His counsel, Toro contended that section 341 provides for persons accused of murder or offences punishable by death shall not be granted bail while sub section (2) provides for bail on offences under which his client is standing trial.
According to him, his client has met with the laid down principles for granting of bail pending tria, including the provision of a reasonable surety. Though he submitted that the issue of bail is purely within the discretion of the court, he urged the court to exercise such discretion judiciously, bearing in mind the overall interest of justice. Besides, he said investigations into the matter has been completed by the EFCC and his client is capable of meeting with whatever conditions the court may attach to his bail and can not jump bail as his International Passport has already been impounded by the Federal Government.
But in opposing the bail application, counsel to the EFCC, Mr. Rotimi Jacobs, said there were no materials before the court on the basis of the applicant's affidavit to warrant the court to exercise its discretion in his favour.
Jacobs submitted that considering all the evidence before the court, there is a prima facie case against the former governor, adding that the offence relating to corruption attracts 14 years jail term and can therefore pass for a case that is serious in law. On whether the accused will make himself available for trial, the EFCC counsel told the court that from the findings of the commission, the accused person will not do so, adding that he may also interfere with the witness.
Ruling on the bail application was adjourned till next Thursday.
In the case of Dariye, he was docked at 10.17a.m over allegations of criminal award of contracts, to which he pleaded not guilty.
His counsel, Conrad Joseph (SAN) moved an application for his release on bail on self-recognition or other conditions the court deems fit.
Dariye's application was anchored on section 36 [5] of the 1999 constitution to the effect that there is a presumption of innocence in favour of his client. Joseph urged the court to exercise its discretion in favour of his client based on the materials before the court.
He noted that the main thrust of EFCC's counter affidavit opposing the bail application was that his client was at one point in time arrested in London by the Metropolitan Police and jumped bail. Joseph, however, argued that there were no facts placed before the court by the prosecution counsel to show that Dariye would jump bail in Nigeria , adding that he had no previous criminal record.
It was also his contention that those documents placed before the court relating to the event in London have no evidential values beyond the grim assertions that were not backed by legal evidence.
He said if granted bail, his client with an enlarged family background will ensure the regular attendance of court.
In his reply, EFCC urged the court to refuse the bail application on the ground that Dariye had a history of jumping bail.
Ruling on his bail application has been fixed for July 30.