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Supreme Court Confirms 10-year Sentence On Ex-Gov Dariye

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I Won't Contest Senatorial Seat - Dariye

The hope of former Plateau State Governor Joshua Dariye not to spend 10 years in jail was shattered today.

The Supreme Court upheld his 10-year imprisonment for the offence of criminal breach of trust.

A five-member panel of justices, led by Justice Mary Odili, in a unanimous judgment, held Dariye’s appeal in part, by setting aside the one-year sentence imposed on him by the Court of Appeal in relation to the offence of criminal misappropriation.

The apex court upheld Dariye’s concurrent conviction and sentence by the trial court and the Court of Appeal on the offence of criminal breach of trust.

Dariye had filed the appeal praying the court to set aside the Abuja Court of Appeal judgment that handed him a 10 year jail term.

Dariye in his appeal, prayed the apex court to upturn the November 16, 2018 judgment of the lower court, which convicted him and sentenced him to 10 years for diverting public funds estimated at N1.162billion while he was the governor.

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Arguing the appeal before the Supreme Court on December 17, 2020, Dariye’s lawyer, Kanu Agabi (SAN), a former Attorney General of the Federation (AGF), asked the court to either reverse his client’s conviction or reduce the 10-year jail term handed him by the lower court.

Agabi, after adopting his written argument, prayed the court to allow his client’s appeal and set aside Dariye’s conviction and sentence.

He argued that Dariye’s conviction was speculative and urged the court to show mercy.
Agabi added: “Here is a man sentenced to 10 years imprisonment. 10 years is more than a lifetime for some people. You should show him mercy.”

He, however, added that, should the court be minded to disallow the appeal and affirm the decision of the Court of Appeal, it should reduce the sentence substantially.

The counsell to the respondent, Rotimi Jacobs, SAN, countered and urged the court to dismiss the appeal and uphold the concurrent findings of the two lower courts.

Jacobs contended that a public servant was not better than the common man in the eyes of the law.

He added: “As for the sentence passed, it has been reduced to 10 years. That he is a public servant does not mean he should go free.”

A five-member panel of justices, led by Justice Mary Odili, had, after hearing the appeal on Dec. 17, 2020, fixed judgment for March 12, 2021.

A three-member panel of the Court of Appeal, led by Justice Stephen Adah, in its decision, upheld an earlier judgment by Justice Adebukola Banjoko of the High Court of the Federal Capital Territory (FCT), delivered on June 12, 2018.

The trial court convicted Dariye on 15 counts relating to the offences of criminal breach of trust and criminal misappropriation, contained in the 23-count charge on which he was tried by the Economic and Financial Crimes Commission (EFCC).

In upholding Dariye’s conviction, the Court of Appeal noted that the prosecution, led by Rotimi Jacobs (SAN) effectively proved its allegation of criminal breach of trust and criminal misappropriation against the ex-governor.

The Appeal Court, however, faulted the trial court for convicting Dariye on 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 the two years sentence for criminal misappropriation to one year.

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BREAKING: Abia PDP Gubernatorial Candidate Uche Ikonne Dies

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BREAKING: Abia PDP Gubernatorial Candidate Uche Ikonne Dies

Just weeks before the March 11, 2023 gubernatorial elections, a candidate of the People’s Democratic Party (PDP) in Abia State is dead.

Prof Uchenna Ikonne died at the National Hospital Abuja on Wednesday at 4:00 a.m. after a brief illness.

Confirming the incident, his son, Dr Uche Ikonne on Wednesday, wrote; “I regret to announce the death of my dear father, Prof Eleazar Uchenna Ikonne, who died at the National Hospital Abuja today January 2023
25, by 4 am after a brief illness.

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“He was recovering after taking proper treatment in the United Kingdom but relapsed a few days ago leading to multiple cardiac arrests from which he didn’t recover from.

“Further details and arrangements would be made known to the public after deliberations and meetings are made within the family.”

 

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APC Expels Buhari’s Ex-aide Ita Enang

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APC Expels Buhari's Ex-aide Ita Enang

Aggrieved by Senator Ita Enang’s involvement in anti-party activities, the All Progressives Congress (APC) has expelled the former aide to President Muhammadu Buhari .

The expulsion follows recommendations from Enang’s ward (eastern ward 2 in Ibiono) Ibom Local Government Area of the state.

The state working committee of the party led by Stephen Ntukekpo had in a letter dated January 24 ratified the ward’s recommendations to expel him.

The letter read, “The anti-party activities among others include his indulgence with the Peoples Democratic Party (PDP), Akwa Ibom State, and his willful but unlawful disobedience of the directives of our great party, the APC,” the letter reads.

READ ALSO: Court Orders Fresh APC Akwa Ibom Governorship Primaries

“After a free and fair gubernatorial primary election conducted by the party which he lost without showing a good spirit of sportsmanship, Senator Ita Solomon Enang had engaged in endless litigation against the candidate who won and the party.

“In the process, fully doing the bidding of the PDP to put a clog in the wheel of our progress as a party. The clandestine meetings he holds with the opposition party, the PDP, and after such meetings, drumming support for them, are not without notice by his vigilant ward and chapter officers of our great party.

“Consequently, I write on behalf of the state working committee (SWC) to ratify the decision of the disciplinary committee of the All Progressives Congress; that, Senator Ita Solomon Enang, be and is hereby expelled from the All Progressives Congress.”

 

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Court Orders APC To Conduct Fresh Primary Election For Guber Candidate In Benue

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Court Orders APC To Conduct Fresh Primary Election For Guber Candidate In Benue

The All Progressives Congress (APC) is to conduct a fresh primary election in 11 out of the 23 local government areas of Benue State for the nomination of its gubernatorial candidate.

This is the ruling of the Court of Appeal in Makurdi on Monday.

The affected local governments are, Gboko, Gwer- East, Gwer-West, Guma, Katsina-Ala, Logo, Makurdi, Otukpo, Ukum, Tarka and Vandeikya.

The court also asked that APC conduct the primaries within 14 days and that INEC recognize the winner after adding election results from the 12 local government areas.

The development is coming barely 33 days before the 2023 general elections.

The judgement followed an appeal filed by one of the aspirants on the platform of the APC, Professor Terhemba Shija, arguing that there was no valid primary election held on 27th May 2022 by APC for the nomination of its gubernatorial candidate to warrant Fr Alia emerging as the winner.

The court, after evaluating evidence submitted by Professor Shija, agreed with his submissions.

READ ALSO: Court Nullifies Nomination Of Abbo As Adamawa APC Senatorial Candidate

However, the court agreed with APC on the rerun of 9th June 2022, which took part in 12 local governments of the states, saying it was valid and still stands.

Meanwhile, the court dismissed Senator Barnabas Gemade’s appeal and upheld the judgement of the Federal High Court, which dismissed his suit against Fr Alia for being statute-barred.

 

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