On Wednesday, 30th May 2018, a
Federal High Court sitting in Abuja categorically sentenced an erstwhile
executive governor of Taraba State, Mr. Jolly Nyame to fourteen years imprisonment
owing to fraud.
It would be recalled that the convicted
politician was fiercely charged to court with 41 counts of misconduct by the
Economic and Financial Crimes Commission (EFCC). But he was eventually found
guilty of 27 counts.
It’s noteworthy that he was sentenced
with no option of fine for diverting N1.64 billion while he served as governor
between 1999 and 2007. It suffices to say that the charges were placed against
his person the moment he bowed out of office.
The Judge, Adebukola Banjoko sentenced
the defendant to four different terms in prison, having found him guilty beyond
doubts, of receiving gratification, obtaining public funds without due
consideration as well as criminal breach of trust.
The various sentences include a term of prison
for two, five, seven and fourteen years, respectively. According to the
judicial custodian, the terms are expected to run simultaneously, meaning he
would serve only 14 years in jail unless the conviction is upturned by a court
of higher jurisdiction.
This
is arguably a welcome development and a milestone in the history of the
Nigeria’s anti-graft war, hence the need for concerned Nigerians to reignite
their seeming lost or dying hopes as regards the anticipated outcome of
numerous other ongoing criminal prosecutions in the country, even though the
convicted person still has the right to appeal the verdict.
Taking into cognizance the concluding
part of the above paragraph, it’s indeed pertinent to enjoin the higher
judicial custodians, including the Court of Appeal and the Supreme Court, to
endeavour not to sweep justice under the carpet if the conviction is
consequently brought to their jurisdictions.
Aside
the need to do the needful, they must acknowledge that the prosecution of the case
in question conspicuously lingered for eleven years before the verdict was
served, thus ought not to uphold such anomaly that has ostensibly become a norm
in the country’s judiciary.
It’s not anymore news that the reason the
teeming citizenry have become pessimistic and weary about the acclaimed
corruption fight is not unconnected with the prolonged duration of virtually
every prosecution being carried out by any supposed court of competent
jurisdiction. The unabated existence of the aforementioned menace is
unequivocally a harbinger of collapse of our judiciary if apt corrective
measure isn’t taken in earnest.
However, I’m strongly of the view that some
clauses were missing, or perhaps silent, in the verdict served to Mr. Nyame by
the Abuja High Court. For the conviction to be whole, it would have been
accurate for the court to order the outright confiscation of the ill-gotten
properties of the former governor. Similarly, he would have been directed to
return the squandered or misappropriated funds.
Since he was sentenced with “no option of
fine” as was pronounced by the judge, he wouldn’t have been exempted from
refunding the stolen monies or a reasonable percentage of it. It would equally
be apt to confiscate the possessions supposedly acquired by the embezzled
public funds. These are the clauses that were omitted or silent in the verdict.
Nevertheless, we mustn’t forget in haste that
the judgement couldn’t have come at a better time than now the people are
almost giving up on the government in the aspect of war against sharp
practices. This implies that there’s need to, at least, put up a sigh of relief
at this juncture.
But, as we celebrate, we shouldn’t overlook
the fact that the leadership of the Nigeria’s judiciary ought to be reminded in
strong terms that a lot has really gone wrongly in the sector, hence the
compelling need to swiftly make amends toward averting the foreseen avoidable
decay.
The conditions of squalor we have
abruptly found ourselves could be well eradicated if the various judicial
officers begin to comprehend that they aren’t aides of any political office
holder but independent officials.
These gentlemen of the bar and bench
must not wait until they are reminded that the country’s extant laws are in
their custody before they could start concentrating only on the needful. They
shouldn’t wait till their memories are refreshed with the fact that they are
expected to strictly interpret the law irrespective of whose ox is gored before
they would stop misplacing priorities with frivolities.
Inter alia, acknowledging that some of
these judicial custodians often resort to collection of gratification from
indicted individuals or corporate bodies, it’s needless to state that their
respective remunerations are meant to be taken seriously by the governments at
all levels. As a result of the poor working conditions usually faced by them in
different quarters, they end up falling prey to the predators.
As this rotten tooth is exposed, we
must note that several other hidden teeth are fast decaying thus need to
equally be expunged from the dental hub before they cause untold damage to the
overall system. Think about it!
Comrade Fred Nwaozor
National Coordinator,
Right Thinkers Movement
__________________________________
frednwaozor@gmail.com
Twitter: @mediambassador
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