The Swinging Axe Claims Some Victims
Nseobong Okon-Ekong, Segun James and Shola Oyeyipo write that the recent conviction of two former governors who are members of the ruling APC may cause anxiety to their counterparts on trial for similar allegations
The significance of the day would continue to reverberate across Nigeria for different reasons; especially with the recent reparation pronounced by President Muhammadu Buhari on the historic epoch, June 12. For Senator Joshua Dariye, a former governor of Plateau State, June 12 now represents the day his world fell apart.
Looking intently at Justice Adebukola Banjoko of the Federal High Court, Abuja as she pronounced him guilty and committed him to prison for 14 years, Dariye could not contain his emotions. He wept bitterly.
Two weeks earlier, Justice Banjoko delivered a similar judgment in a related matter in which a former governor of Taraba State, Jolly Nyame was jailed for 14 years for misappropriating state funds.
Dariye, a serving senator representing Plateau Central Senatorial District, was accused of embezzling N1.162 billion ecological funds belonging to his state. After the judgment, Dariye cried and pleaded for clemency but his time was up. He was charged to court by the anti-graft agency, Economic and Financial Crimes Commission, EFCC, in 2010.
The truism that the rich also cry may have succinctly described the situation in the court as Dariye was driven to the prison to serve time.
The trial and subsequent conviction of Dariye and his former counterpart from Taraba State is a great political coup for the government of President Muhammadu Buhari whose major campaign promise was the fight against corruption. He is driven by his famous statement that, “if we do not kill corruption, corruption will kill us.”
By appointing Justice Banjoko as Chairman of the Code of Conduct Tribunal (CCT) barely 24 hours after convicting the two ex-governors, the federal government appears to have sent a signal to the judiciary that it is willing to reward exemplary professionalism, while many former governors who are on trial for corruption have, understandably, become jittery as the reality of a possible prison sentence stares them in the face.
The judgment by Banjoko is the first conviction of high profile politicians in the current political dispensation in the country. Many Nigerians see her as bold and daring.
However, the speed with which she was appointed the chairman of the CCT by the government has cast blight on the conviction. There are many implications of the conviction of the former governors and Banjoko’s appointment.
The vociferous clamour for conviction of high profile politicians on trial has been loud and strong. Many of the cases have been dragging on for as long as 10 years; leading to a growing believe in the populace that it was a deliberate ploy to buy time and later let the accused persons off the hook. On the other hand, there exists a school of thought that cast aspersion on the effort of the anti-graft agency to bring indicted politicians to book as a calculated witch-hunt against politicians from the opposition parties.
The accusation of witch-hunt of opposition politicians by the EFCC seems to have been watered down with the conviction of Nyame and Dariye who are of the APC; and incidentally from the north. Their Christian background may also be a weighty consideration in a country that is often sharply divided along ethnic and religious lines.
A senior lawyer who pleaded anonymity on the evolving political scenario said that another conviction is not likely to be made before the 2019 general elections.
He said that the speed with which Banjoko was transferred to the CCT, where the President of Senate, Dr. Bukola Saraki is being tried suggests that she is being positioned for the kill in the case of the senate president.
A media aide of the Senate President, however, dismissed the insinuation arising from Banjoko’s appointment. He affirmed that the appointment of the chairman of the CCT has a constitutional guarantee and is a tenured position. He disclosed that appointing a new chairman required, at least, two-third majority of the Senate.
The trial of Dariye began eight years ago under the Peoples Democratic Party (PDP) government of Dr. Goodluck Jonathan. But the case was stalled by litigations which went all the way to the Supreme Court which later ordered that the case be returned to the High Court for trial.
The Verdict
“In the absence of concrete evidence justifying these payments, it can safely be described as misappropriation,” said Justice Banjoko, who found Dariye guilty of 15 out of the 23-count charge against him.
Dariye was convicted for two main categories of offences, namely criminal breach of trust which attracts a two-year sentence for each affected count and criminal misappropriation which has a penalty of 14 years.
The sentences are to run concurrently which means he will spend a maximum 14 years in jail.
Shortly before the verdict was read, Dariye’s lawyer, Paul Erokoro, SAN, described his client’s actions as the product of ignorance. Erokoro blamed the system and the banks for the actions of his client.
According to Erokoro, Mr. Dariye, who is a chartered accountant, was misguided when he approached the banks for financial assistance.
Responding, Mr. Rotimi Jacobs, SAN, drew the attention of the court to the many years of legal battle embarked upon by the defendant. As he was speaking, Dariye suddenly stood up and asked the prosecution lawyer to be merciful.
“Be merciful. You are a Christian. Your name is Jacob,” he said
The judge noted the efforts of Erokoro, but added that “there should not be compromise in corruption. Corruption is corruption.”
After the judgment, Dariye was led into a police van from where he was transported to Kuje Prison-his new residence for the next 14 years unless an appeal court rules otherwise.
Dariye came to international attention when he skipped bail in the UK in September, 2004 following his arrest on moneylaundering charges.
Twice he was sacked as governor and twice he returned to reclaim his position, earning him the nickname “the cat with nine lives.”
But it appears Mr. Dariye may have finally run out of luck, as a Nigerian court has sent him to jail following charges of corruption and money laundering.