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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: Tinubu, Shettima Know Fate On Disqualification From Presidency On Friday

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Tinubu and Shettima

Whether the Supreme Court will nullify the victory of the All Progressives Congress (APC) and its presidential candidate in the February 25 election, Asiwaju Bola Tinubu, over alleged double nomination or not will be decided on Friday May 26, 2023.

The apex court on Monday, adjourned to the above date to deliver its judgment in the appeal by the Peoples Democratic Party (PDP) shortly after taking submissions from the counsel representing parties in the suit.

Specifically, the PDP is seeking the disqualification of the President-elect, Tinubu and the Vice-President-elect, Senator Kashim Shettima, over alleged double nomination; an act which they say violates the electoral laws.

The appellant anchored its appeal on the claims that the appellate court erred in law when it dismissed its appeal and affirmed the judgment of a trial court which held that the suit was incompetent and lacking in merit.

PDP is claiming that the APC breached the law when it nominated Shettima as the senatorial candidate for Borno Central and as vice-presidential candidate.

At Monday’s proceedings, while APC’s lawyer, Mr Babatunde Ogala (SAN), asked the court to strike out the case on the grounds that it has become statute barred, because the 180 days stipulated by law to hear the suit has elapsed, PDP’s lawyer, Mr Joe Agi (SAN), disagreed.

It is Agi’s position that the issue of 180 days does not apply in respect of double nomination, adding that since the act is purely an illegality, the court has the right to entertain the appeal.

“They have done that before, they did it in the case of Nwosu and APC and they will do it again,” Agim added.

The appellant accordingly urged the apex court to grant the appeal, set aside the concurrent decision of the two lower courts and nullify the election of Tinubu and the vice-president-elect for alleged double nomination.

The PDP had by their appeal marked: CA/ABJ/CV/108/2023, urged the appellate court to reverse the January 13 judgment by Justice Inyang Ekwo of the Federal High Court, Abuja which dismissed its suit on the grounds that the PDP lacked locus standi to have instituted the suit.

The three-member panel of justices of the Court of Appeal, in the lead judgment held that the PDP failed to establish its locus standi in the case.

Justice James Abundaga, who delivered the judgment of the appellate court, had agreed with the respondents that the PDP is a busy body, which dabbled in issues that are internal affairs of the APC.

“The appellant, having failed to disclose its locus standi, this appeal fails and it is hereby dismissed,” he said and proceeded to affirm the judgment of the Federal High Court.

Justice Abundaga awarded N5 million cost against the appellant’s lawyer, J. O. Olotu.

The PDP had, in the suit filed on July 28, 2022, challenged the validity of the Tinubu/Shettima ticket for the 2023 presidential election, arguing that Shettima’s nomination as the running mate was in breach of the provisions of Sections 29(1), 33, 35 and 84{1)}(2)} of the Electoral Act, 2022 (as amended).

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BREAKING: Court Disqualifies Alex Otti As Governor-elect,  Others In Abia, Kano

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Alex Otti

The Abia State Governor-elect, Dr Alex Otti and all the candidates of the Labour Party in Abia and Kano States have been disqualified.

The disqualification came from a Federal High Court sitting in Kano, presided over by Justice M N Yunusa.

The court ruled that their emergence was not in compliance with the provisions of the 2022 Electoral Act.

A copy of the judgement delivered by the court was made available to newsmen on Friday.

The Court in Suit No FHC/KN/CS/107/2023 filed by Mr Ibrahim Haruna Ibrahim against the Labour Party and the Independent National Electoral Commission, INEC, ruled that the failure of the Labour Party to submit its membership register to the INEC within 30 days before their primaries renders the process invalid.

“The party that has not complied with the provisions of the electoral act cannot be said to have a candidate in an election and cannot be declared winner of an election; this being so, the votes credited to the 1st defendant are a wasted vote,” the judge ruled.

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BREAKING: Adeleke, Oyetola Know Fates As Supreme Court Rules On Osun Governorship Poll Tomorrow

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Oyetola and Adeleke

By tomorrow Tuesday, Ademola Adeleke will know if he remains the Osun State helmsman as the Supreme Court will rule on the governorship poll dispute.

The ruling is on an appeal filed by former Osun State Governor, Gboyega Oyetola against Governor Adeleke’s victory in the July 2022 governorship election in the state.

Oyetola is asking the apex court to set aside the ruling of the appellate court which nullified the judgement of the election tribunal.

The election tribunal had declared Oyetola of the All Progressives Congress (APC) winner of the election.

Oyetola was declared the winner by the election tribunal after he went to court to challenge the victory of Adeleke, as announced by the Independent National Electoral Commission (INEC).

Delivering judgment on January 27, two out of the three-member panel held that the former governor was able to prove that there was over-voting in some of the polling units.

Adeleke had rejected the judgment, describing it as “a miscarriage of justice” and “an unfair interpretation against the will of majority of voters”.

In the 31 grounds of appeal, Adeleke begged the court for “an order setting aside the whole decision of the tribunal”.

He also sought “an order striking out the petition for want of competence and jurisdiction or in the alternative, an order dismissing the petition on the merit”.

Adeleke submitted that the tribunal exhibited bias when it said: “The second respondent cannot ‘go lo lo lo lo’ and ‘buga won’ as the duly elected governor of Osun state.”

The appellate court, in a unanimous decision by a three-member panel of Justices on Friday, held that the appeal the governor lodged to challenge his sacking by the Osun State Governorship Election Petition Tribunal, was meritorious.

Aside from setting aside the judgement of the tribunal, the court, in its lead judgement that was delivered by Justice Mohammed Lawal, awarded N500,000 cost against APC and its candidate, Oyetola.

However, a five-member panel of the Supreme Court announced on Monday that judgment will be delivered on the matter at 2 pm on Tuesday, May 9, 2023.

This comes after the panel took arguments from the legal representatives of Adeleke and Oyetola.

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