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Tag: Nyame

  • I learnt a lot in Kuje Prison, says ex-gov Nyame

    I learnt a lot in Kuje Prison, says ex-gov Nyame

    • •Says he would be better leader if given second chance

    A Former Taraba state governor, Jolly Tavoro Nyame has vowed to emerge as a more capable leader if given a second chance to preside over the affairs of the state.

    Nyame, who spoke during a Thanksgiving service that took place at the Christian Association of Nigeria (CAN) secretariat in Jalingo, Taraba state, also said he learned so much while serving his jail term at the Kuje correctional centre.

    He declared that the experience had bestowed invaluable lessons, shaping him into a better potential leader for the people of Taraba State.

    Nyame stated: “I learned a lot while in Kuje Prison and the hospital. If given another opportunity to lead the people of Taraba State, I will do better because of the experience I have gained.”

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    He stressed the significance of faith and resilience, advising leaders to stand strong in the face of challenges.

    Amid personal reflections, he delivered a message of hope and unity for Nigerians, emphasising the importance of prayer and faith in the nation’s future.

    On his journey, Nyame urged Nigerians to be prudent in their expenses while calling on the government to prioritise policies that enhance citizens’ lives.

    Nyame, who served only four years of a 14-year sentence, asserted that his imprisonment was politically motivated.

  • I will be a better leader if given a second chance, says ex-Taraba Gov Nyame

    I will be a better leader if given a second chance, says ex-Taraba Gov Nyame

    Former Taraba state governor, Jolly Tavoro Nyame has vowed to emerge as a more capable leader if given a second chance to preside over the affairs of the state.

    Nyame, who spoke during a Thanksgiving service that took place at the Christian Association of Nigeria (CAN) secretariat in Jalingo, Taraba state, also said he learned so much while serving his jail terms in the Kuje correctional centre.

    He declared that the experience had bestowed invaluable lessons, shaping him into a better potential leader for the people of Taraba state.

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    Nyame stated: “I learned a lot while in Kuje Prison and the hospital. If given another opportunity to lead the people of Taraba state, I will do better because of the experience I have gained.”

    He stressed the significance of faith and resilience, advising leaders to stand strong in the face of challenges.

    Amid personal reflections, he delivered a message of hope and unity for Nigerians, emphasising the importance of prayer and faith in the nation’s future.

    On his journey, Nyame urged Nigerians to be prudent in their expenses while calling on the government to prioritise policies that enhance citizens’ lives.

    Nyame, who served only four years of a 14-year sentence, asserted that his imprisonment was politically motivated.

  • Appeal Court upholds conviction of ex-Govs Nyame, Dariye

    The Court of Appeal in Abuja yesterday upheld the conviction of ex-Governors of Taraba and Plateau states – Reverend Jolly Nyame and  Joshua Daiye.

    The court, in two unanimous judgments by two panels, held that Justice Adebukola Banjoko of the High Court of the Federal Capital Territory (FCT) in Gudu, Abuja was right to have convicted both men in view of the overwhelming evidence presented by the prosecution led by Rotimi Jacobs (SAN).

    The judgements were on the appeals filed by Nyame, against the judgment of the High Court of the FCT given on May 30 this year, and the appeal by Dariye, which challenged his conviction in the judgement given on June 12 this year.

    In the May 30 judgment, given on the charge marked: FCT/ABJ/CR/82/07, the trial court convicted Nyame on 27 out of the 41 counts contained in the charge filed against him by the Economic and Financial Crimes Commission (EFCC) in July 2007.

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    He was convicted on 16 counts of criminal breach of trust, 9 counts of criminal misappropriation, 1 count of gratification and 1 count of accepting a valuable thing without consideration. He was found to have converted Taraba State’s funds estimated at N1.64billion.

    The trial court sentenced him to a cumulative 28 years imprisonment, without an option of fine.

    The breakdown of the sentence is as follows: 14 years upon conviction for criminal breach of trust; seven years for receiving gratification; five years for obtaining valuable public properties without consideration, and two years for criminal misappropriation.

    But, the Court of Appeal, in its judgment yesterday only faulted the trial court’s judgment in its decision to impose maximum sentences.  It said since Dariye and Nyame were found to be first time offenders, the trial court should not have imposed the maximum sentences.

    Justice Emmanuel Agim, who read his panel’s judgment on the appeal by Nyame, upheld his (Nyame’s) conviction and the order for the forfeiture of his identified asset.

    He said since Nyame was found to be a first time offender, the trial judge ought not to have imposed the maximum sentences for the offences for which he was convicted.

    The appellate court reduced the 14 years sentence to 12 years; the seven year was cut to five years; the five years was reduced to three years, while the sentence of two years was reduced to 1 year and nine months.

    The Appeal Court went further to impose various fines on Nyame, the highest of which is N100m. He will pay the highest of the fines.

    In upholding Dariye’s conviction, Justice Steven Adah, who read his panel’s judgment on the ex-Plateau Governor’s appeal, noted that the prosecution effectively proved its charges of  criminal breach of trust and criminal misappropriation against the ex-governor.

    Dariye, who is a serving Senator, was convicted by Justice Banjoko in a judgment given on June 12 this year.

    He was convicted  on 15 counts, on the offences of criminal breach of trust and criminal misappropriation, contained in 23 counts on which he was tried. He was freed on the other eight counts.

    Dariye was found to have diverted Plateau State’s funds estimated at N1.162billion.

    In its judgment yesterday, the Appeal Court only faulted the trial court for convicting Dariye in counts 12 and 23, which it said the prosecution did not prove.

    It also faulted the trial court for imposing the maximum sentences on both offences of criminal breach of trust and criminal misappropriation.

    The Appeal Court proceeded to reduce the 14 years sentence for the offence of criminal breach of trust to 10 years, and reduced to one year, the two years sentence for criminal misappropriation.

    Justice Agim, in the judgment he delivered some minutes after the judgment in Nyame’s appeal, expressed displeasure about the conduct of public officers, who he noted, see public funds as their own, which they can deploy at will, without being called to account.

    He said the law requires that the expenditure of all public funds, no matter how classified, including security vote, must be accounted for by the public officer whose responsibility it is to dispense those funds.

    Justice Agim faulted the argument that a Governor was not a public officer. He said the description of a Governor as a public officer was an issue of law, not of fact.

    “In view of the dangerous impact of the crime of public office corruption on the state security and the generality of the people, it comes within the class of crimes against humanity like genocide, terrorism and large scale violation of human rights.

    “There is no justification for imposing capital punishment for serious crimes like murder, armed robbery with less wide spread impact and punishing a more serious crime like public office corruption with more widespread impact in the terms of imprisonment prescribed in sections 115, 119, 309 and 315 of the Penal Code Act.

    “These cannot be sufficient deterrence. But the courts are bound by law not to exceed those terms of imprisonment.

    “The sentences imposed by the trial court complied with the provisions of Ss 115, 119, 309 and 315 of the Penal Code Act.

    “It appears that the trial court did not direct itself to the fact that the appellant is a first offender on record and the provision of S.416(2)(d) that provides that “a trial court shall not pass a maximum sentence on a first offender”.

    “If it had done so, it would not have imposed those maximum sentences. In the light of the foregoing, this court hereby reviews the sentences imposed by the trial court to bring them into conformity with 5.315 Penal Code Act and S.416(2)(d) of the Administration of Criminal Justice Act.

    “The trial court did not impose the additional punishment of fine it was bound by 5.315 Penal Code Act to impose for criminal breach of trust.

    “Accordingly, this court orders that in addition to the term of imprisonment imposed for each count of criminal breach of trust, the appellant shall pay fine of N100m for each of the offences in counts 1, 2, 6;  fine of N50m for the offence in count 8;  fine of N20m for each of the offences in counts 10, 12, 14; fine of N10m for each of the offences in counts 16, 18, 20, 27, 29, 30, 31 and 33; and the fine of N5 for the offence in count 36.

    “On the whole this appeal fails, except as regards the sentences imposed by the trial court.

    “Therefore the judgment of the High Court of the Federal Capital Territory in Criminal Case No. FCT/ABJ/CR/82/2007 delivered on 30-5-2018 by A.A.I. Banjoko J is affirmed and upheld except with regards to the sentences imposed therein,” Justice Agim said.

  • Court rejects convicted ex-Taraba Gov Nyame’s bail application

    An FCT High Court sitting in Gudu on Wednesday, rejected the application for bail filed by convicted former  governor of Taraba, Jolly Nyame.

    The convict is seeking his release from prison on health grounds pending the determination of an appeal against his conviction.

    Justice Adebukola Banjoko dismissed the application after listening to the arguments of both the defence and prosecution counsel.

    Banjoko ruled that the application was ‘’unmeritorious’’, noting that “the medical reports presented to the court were conflicting and the dates on them are not corresponding with each other”.

    She said that if indeed the convict needed any medical attention, he should apply to the Ministry of Interior, because the Prison authorities are under the ministry.

    Nyame, who was not in court, was represented by his counsel, Olalekan Ojo who filed the application on his behalf.

    Ojo had argued that his client was hypertensive and diabetic and, pending the determination of the appeal against his conviction, needed to have access to his “traditional herbal medicine”.

    He said  Nyame  had  been living with these conditions for about 10 years now, and had met with rebuff after seeking permission from the Prison authorities to be administered herbal medicine.

    He further told the court that a June 19 medical report issued by the Taraba State Hospital indicated that Nyame could lose his life if he was not released from Prison.

    In support of the application, he presented medical reports to the Court, and the request letter to the prison officials.

    “These exhibits are medical reports attached to the affidavit in support of the application,” Ojo said.

    He  notified the court that the prison authorities disallowed him access to those who wanted to give him the herbal medicine.

    He argued further that ill-health constituted “special and exceptional circumstances” to enable his client be granted bail after the conviction.

    Prosecuting counsel, Rotimi Jacobs, SAN, however, opposed the application for bail, arguing that Ojo failed to support his request with necessary materials.

    “Mere medical reasons will not suffice to be granted bail after conviction, because Nyame as a convict has lost the right to medical facility of his choice,’’ he said.

    Jacobs said further that Nyame has no choice than to accept the medical facility provided by the prison authorities.

    He further argued that the issue of health could only come into account as an exceptional circumstance, “if the prison authorities say they are unable to provide the medical need of the convict”.

    He added that the application lacked “a medical report by a medical practitioner who specialises in the area of medicine that concerns the ailment of the convict”.

    Nyame was found guilty,convicted and sentenced to 14 years imprisonment by the same court on May 30, for misappropriating Taraba funds to the tune of N1.64 billion while in office.

    He is currently serving his jail term in Kuje prison.(NAN)

  • ‘Conviction of Nyame, Dariye shows EFCC not selective’

    The Economic and Financial Crimes Commission (EFCC) yesterday said the conviction of ex-Governors Jolly Nyame (Taraba) and Joshua Dariye (Plateau) for corruption, confirmed that it was not selective in trial of suspects.

    It explained that a former Accountant-General of Kebbi Mohammed Dakingari and a member of the All Progressives Congress (APC), was convicted of corruption and sentenced to 70 years in prison

    It  explained that a chieftain of the APC, ex-Abia State Governor Orji Uzor Kalu is still being prosecuted in court.

    The anti-graft agency said it is apolitical and blind to the political colours and affiliations of crime suspects.

    The EFCC, in a statement by its Head of Media and Publicity Wilson Uwujaren, said in Dariye’s case, one of the witnesses, Peter Clark , a former detective of the Metropolitan Police, came many  times from Britain to give evidence only for proceedings to be frustrated with forced adjournments by Dariye’s lawyers

    The statement said: “The conviction of two prominent members of the ruling All Progressives Congress, APC, Jolly Nyame and Joshua Dariye in quick succession by a Federal Capital Territory High Court has put a lie to the often repeated charge by critics and cynics that the Economic and Financial Crimes Commission, is lukewarm in prosecuting chieftains of the ruling party for corruption. Nyame and Dariye, both former two-term governors of Taraba and Plateau State respectively, were convicted and sentenced to 14 years in prison on corruption charges.

    “Nyame, for criminal misappropriation, diversion of public funds, and breach of public trust; and Dariye, criminal breach of trust and misappropriation of public funds. In the course of Nyame’s trial, the prosecution called 14 witnesses and presented documentary evidence, which among other things revealed that the N250 million was shared and never utilized for the purpose for which it was approved. “A total of N180 million was diverted to the bank account of Salman Global Ventures Limited, which provided no services for the state.

    “Dariye diverted about N1.16 billion Ecological Fund meant for the state, to his personal use, including transferring monies to Ebenezer Retnan Ventures (an unregistered company managed by him) and Pinnacle Communications Limited.

    “In proving its case against Dariye, EFCC called 10 witnesses, including Peter Clark, a detective constable with the UK Metropolitan Police in London, who investigated Dariye in the UK for money laundering offence.

    “Both trials had been ongoing for 11 years and towards the end of the proceedings, the two convicts changed their political camps, moving from the opposition Peoples Democratic Party to the ruling APC. “Dariye who won election into the Senate on the platform of the PDP defected  to the ruling APC, at a critical phase of his trial, when the prosecution had called all its vital witnesses and conviction appeared imminent. Not surprisingly, this fueled speculation that the gambit was a calculated move to stave off imminent conviction.

    “But rather than slow proceedings, his trial accelerated, forcing the defence to close its case, thus setting the stage for the judgment of June12.”

    The EFCC cited other cases to prove that it is unbiased in investigation and trial of suspects.

    The statement added: “Also, Mohammed Dakingari, former accountant general of Kebbi state and member of the APC was convicted of corruption and sentenced to 70 years in prison.

    On Kalu, the EFCC said: the Commission had closed its case in that matter after calling many witnesses. But rather than open his defence, Kalu elected to file a ‘no case submission’. It will be up to the court to determine whether the Commission has presented enough evidence to warrant him to enter his defence.

  • EFCC: How a widow’s petition earned Nyame 28-year jail term

    The Economic and Financial Crimes Commission (EFCC) yesterday revealed that a petition by a widow, Hauwa Kulu Usman, led to the investigation, trial and conviction of a former Governor of Taraba State, Rev. Jolly Nyame.

    Nyame was jailed on May 30 by a High Court of the Federal Capital Territory (FCT) in Gudu, Abuja without an option of fine.

    Justice Adebukola Banjoko convicted the ex-governor on 27 out of the 41 counts filed against him by the EFCC in July 2007.

    Nyame was governor from 1991 to 1993 and 1999 to 2007.

    But the anti-graft agency in its magazine, EFCC Alert, released a fact-sheet on how Nyame became a suspect while probing a petition by the widow.

    The fact-sheet said: “Call it the serendipity of stumbling across a goldmine and you will not be far from the truth. Nyame was in fact, never in the purview of the EFCC, and no one at any time wrote a petition against him.

    “There was no “witch-hunt”. Nyame’s financial crime was unraveled by the EFCC while investigating a petition written by a widow, Hauwa Kulu Usman, against Suleiman Abubakar, younger brother to her late husband, Usman Abubakar, Managing Director of Alusab International Limited.

    “She had taken her cry to the EFCC to help recover money from Suleiman being payment to the company.

    “The Taraba State government had issued a cheque of N135, 794,607 in favour of the company, as contract payment for rehabilitation of the Ibi-Wukari Water Project.

    “But Suleiman collected the cheque and lodged it in a different account domiciled in Zenith Bank Plc, in Jalingo.  Hauwa sought the help of the EFCC to recover the money, accusing Suleiman who took over the company of “squandering” it.

    “He was subsequently invited by the EFCC for questioning; then and there, the bubble burst. During interrogation, Suleiman admitted collecting the cheque, and though argued that he did not squander the money as alleged in the petition, confirmed that it was for the said project, which was ongoing before the death of his brother.

    “He revealed that through Abubakar Tutare, then Commissioner of Finance in the state, the company applied for additional works, which was granted by the state government.

    “According to him, the estimation for the additional works was N35 million, but Tutare instructed him to add N100 million to the estimation. Subsequently, a cheque of N135 million was issued to Suleiman, but along with it, was a complimentary card, with an account number written at the back. Tutare instructed him to pay the N100 million into the account. Suleiman had asked Tutare about VAT payment, to which Tutare told him to deduct 10 per cent as tax and to credit the account at the back of the card belonging to Nyame with  N80 million, and bring N10 million to  him.

    “Suleiman duly paid the cheque into Alusab’s account and acted on the N80million as instructed, as per the complimentary card. He also gave N10 million to Tutare at his residence through his house aide, Husseini Ali.

    “The confession of Suleiman sparked an extensive investigation, which saw the EFCC spreading its dragnet across the State Government House, the Ministry of Finance, and several companies. Tutare, himself was invited for questioning and he confirmed the  testimony of Suleiman, but stressed that he acted on the instruction of Nyame,  and that the N80 million was paid into  the account of Salmon Global Ventures Nigeria Ltd.”

    The EFCC afterwards unraveled a slew of fraudulent financial activities perpetrated in the ministry of finance, with Nyame being the chief actor, including ordering Dennis Nev, then Permanent Secretary, Government House, to raise N101 million for a one-day presidential visit in 2005.”

    The EFCC also explained that although Nyame made spirited moves to defend himself, his defence did not convince the judge.

  • Nyame: Court to deliver judgment May 30

    Nyame: Court to deliver judgment May 30

    A High Court of the FCT, sitting in Gudu, Abuja, will deliver judgment in a suit by the Federal Government against former Taraba State Governor Jolly Nyame, on May 30.

    Nyame was tried for alleged misappropriation of N1.64 billion.

    At the resumed hearing yesterday, the defence counsel Hassan Fajimite told the court about the defendant’s written address, dated December 3, and filed same day.

    He held that the witness’s evidence was based on ‘hear-say’ and that no records show that money was given to the defendant.

    He said: “None of the prosecution witnesses produced any document of the alleged transfer of money by the defendant to any of them

    “I urge your lordship to discredit those evidences.”

    However, counsel to the EFCC Rotimi Jacobs (SAN), who replied on the written address on January 10 and filed same day, said the defendant was liable to be prosecuted.

    He added that all witnesses testified that Nyame gave them money to pay into an account owned by the defendant.

    “My lord, the defendant is trying to cover up and so I urge your lordship to discountenance this submission by my learned counsel and deliver judgment in favour of the prosecution.”

    After listening to both submissions, Justice Adebukola Banjoko adjourned till May 30.

  • Nyame: I approved N470m for stationery

    Nyame: I approved N470m for stationery

    Former Taraba State Governor Jolly Nyame yesterday told an FCT High Court in Gudu that he approved the bulk purchase of stationery, worth N470 million.

    The Economic and Financial Crimes Commission (EFCC) is prosecuting Nyame for the alleged misappropriation of N1.64 billion belonging to the state, during his tenure as governor, from 1999-2007.

    During cross examination by Prosecution Counsel Rotimi Jacobs (SAN), Nyame, who stood as witness for himself, said he first approved stationery, worth N250 million, few days to the end of 2014.

    A month later, he approved additional  N200 million.

    “The cheque of N200 million was cashed, of which N165 million was deposited into Salman Global,” he siad.

    Asked if it was normal for him to release such amounts for stationery, he said: “It is normal because I approved memorandum based on requirement and needs of the ministry.’’

    Nyame, however, confirmed through the memorandum of the Secretary to the State Government that he approved another N20 million for another set of stationery.

    The ex-governor also told the court that he got N1 million from the House of Assembly before his trip to South Africa while three others got N7,000 for five days.

    ‘’My Lord, about 12 policemen got N3,000 each daily; 10 drivers were given N4,000 per day,’’ he added.

    After further cross examination, Nyame closed his case.

    Justice Adebukola Banjoko adjourned till December 5 and 12 for adoption of written address.

  • I signed only allowances for Nyame, says witness

    I signed only allowances for Nyame, says witness

    A defence witness, Philip Akolo, orderly to former Taraba State Governor Jolly Nyame, yesterday told an FCT High Court in Gudu, Abuja, that he signed only allowances on behalf of the former governor.

    He spoke during the continuation of cross examination by the Economic and Financial Crimes Commission (EFCC) prosecutor, Rotimi Jacobs (SAN).

    According to him, he was the closest to Nyame and was always with him, saying that apart from allowances, he never signed for any other money on behalf of the ex-governor.

    Akolo denied knowledge of the purchase of equipment, grains, materials or any other thing throughout the eight years he was with Nyame.

    He said he neither collected money for the purchase of security equipment nor was he privy to any approval made by Nyame for any purchase.

    “I don’t know anything about the disbursement of any money for the purchase of anything,” Akolo said.

    He confirmed that in 2006, he travelled with Nyame to Abuja every month, but he didn’t deal with money, saying he could remember 65 per cent of happenings in the Taraba government during Nyame’s tenure between 1999 and 2007.

    Akolo, said he could not remember anything that happened on the specific dates of July 3, 2005; April 11 and 12 2007.

    Nyame is facing trial on a 41-count charge of misappropriation of N1.64 billion state fund. Justice Adebukola Banjoko adjourned the case till today for continuation of defence.

     

  • Alleged N1.64b fraud: Court insists Nyame must enter defence

    Alleged N1.64b fraud: Court insists Nyame must enter defence

    •No-case submission dismissed

    Ex-Taraba State Governor Jolly Nyame yesterday suffered defeat in his trial for fraud.
    A High Court of the Federal Capital Territory (FCT) in Gudu, Abuja, dismissed his no-case submission and ordered him to enter his defence.
    Nyame is being tried on a 41-count charge for allegedly misappropriating N1.64billion belonging to Taraba State. On November 22 last year, the prosecution lawyer, Rotimi Jacobs (SAN), announced the closure of the prosecution’s case after calling 14 witnesses.
    Rather than call witnesses, Nyame, represented by Charles Edosomwan (SAN), made a no-case submission, arguing among others, that the prosecution failed in linking him with committing the offences alleged.
    He urged the court to hold that the testimony of prosecution witnesses had been damaged and could not be relied on, adding that crucial elements were missing.
    Nyame asked that the court dismiss the charge, discharge and acquit him on the strength of the alleged inability of the prosecution to prove its case.
    Justice Bukola Banjoko dismissed Nyame’s no-case submission on the ground that the prosecution established a prima facie case against him, requiring the defendant to be called upon to enter his defence.
    The judge said a prima facie case implies a ground for proceeding.
    She added that it did not require proof beyond every reasonable doubt, as is required to find a defendant guilty or not.
    Justice Banjoko said in determining whether a prima facie case is made, the court is required to determine whether the prosecution has made some case requiring clarification from the defendant, no matter how slight.
    “In relation to this court, having had a close look at the evidence and exhibits, I hold that this case requires him to provide information and give explanation with regards to evidence presented by the prosecution. So he is ordered to enter into his defence in the interest of justice,” she said.
    The judge adjourned till March 8 for Nyame to open his defence.