The Court of Appeal, Abuja, has confirmed the conviction of ex-governors Jolly Nyame and Joshua Dariye who were former governors of Taraba and Plateau States respectively but slightly reduced their jail terms.
Mr Nyame, in addition to his conviction, is to pay back to government, the sum of N495 million as fine.
While upholding the decision of the lower court, the appellate court however reduced Nyame’s 14 year sentence to 12, while Dariye is also to serve 10 years as against the 14 years handed to him.
Delivery judgment, Justice Steven Adah held that the court had no justification to set aside the decision of the trial court.
Mr Adah said the trial court arrived at it decision after a meticulous trial process, adding that there were some allegations raised by the prosecution witnesses that the appellant failed to count.
According to him, evidence before the court has shown that the appellant grossly mismanaged the over N1billion Ecological Funds meant for the state.
He explained that the evidence adduced by the prosecution witnesses indicated that Mr Dariye had cashed the money through his bank account in Abuja.
Adah also held that the appellant committed a graft offence by deploying the fund to private use.
Nevertheless, the judge held that while the conviction was right, the ex-governor should have been served a maximum jail term being a first offender.
“The panel did evaluate the arguments of the parties and was convinced that the trial went too far to sentence the appellant to 10 years.
“In the interest of justice, however, the jail term is varied and reduced to 10 years without further fines.
“For emphasis, the 14 years conviction of the appellant on the accusation of criminal breach of trust is reduced to 10.
“His conviction for diversion of N1. 62 billion ecological funds is reduced from two years to one year,” the judge held.
The sentences are to run concurrently.
The Economic and Finnancial Crime Commission, EFCC, had in July, 2007 brought the charged against Dariye.
The appellant had averred that the trial court has no jurisdiction to have entertained the matter as the alleged offences were committed in Plateau
Mr Dariye was governor of Plateau between May 1999 and May 2007 on the platform of the PDP.
The ex-governor is a current senator representing Plateau Central Senatorial District.
Speaking to newsmen after the session, Festus Jombo, counsel to Mr Dariye said the decision would be contested at the Supreme Court.
On his part, Rotimi Jacobs expressed delight on the outcome of the appeal, adding that the prosecution provided verifiable evidences that nailed the convict.
NAN
