Embattled former governor of Sokoto State, Attahiru Bafarawa who has been standing trial on allegations of diverting N15b state funds will on January 25, 2018, know his fate, nine years after he was first arraigned. The Economic and Financial Crimes Commission (EFCC) had Instituted a criminal case against him and 16 others before the Sokoto State High Court, on 16th December 2009.
The former governor was charged alongside 16 others for alleged diversion and theft of public funds to the tune of N15,000,000,000 (Fifteen Billion Naira Only). Upon arraignment on the 16th December 2009, Bafarawa and his co-accused pleaded not guilty to 47 count charge.
Those charged alongside Bafarawa are; Alhaji Nasiru Dalhatu Bafarawa, Alhaji Isa Sadiq Achida, Hajia Aishatu Binji, Sen. Salihu Bakwai, Alhaji Salihu Maibuhu Gunmi, Adamu Gurori, Alhaji Adamu Gurori, Alhaji Habibu Halilu Modaci, and Sambo Bello Danchadi. Others are Alhaji Abdullahi Ahmed Bida, Chief Mike Umeh, Alhaji Umaru Kwambo, Shehu Koko, Ubale Yahaya, Alhaji Maigari Dingyadi, and Alhaji Tukur Alkali.
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In the course of the trial and to the surprise of prosecution, the present governor of Sokoto, Aminu Waziri Tambuwal was said to have pardon 5 of the 16 accused persons charged with Bafarawa. Those pardoned are; Alhaji Tukur Alkali, Bello Isah, Alhaji Isah Sadiq, Alhaji Habibu Halilu Modachi and Alhaji Muhammadu Maigari Dingyadi.
Being dissatisfied with the 25th September 2017 ruling of the trial court, the EFCC approached the Court of Appeal, Sokoto division, to quash the ruling the lower court.
On the 16 of November 2017, the commission closed its case against the remaining accused persons.
Subsequently, the accused persons filed a no-case submission through their counsels: Lateef Fagbemi, SAN for the 1st,2nd,5th,6th and 7th accused persons and Mohammed Adeleke for the 3rd and 4th accused persons. In his argument, Fagbemi submitted that the prosecution failed to provide the ingredients of the offences his clients were charged with. He added that for the offence to be referred to as an offence, that offence must be sighted by law and in the instant case, according to him, the prosecution failed to provide the content of the law that contradicted the offence his clients were charged with. He further argued that such a law must be tendered before the court since it has only been gazetted. My Lord cannot take judicial notice of such law.
Adeleke, counsel to the 3rd and 4th accused persons, urged the court to adopt the written address as his argument and discharge and acquit his clients. He called the attention of the court to page 13 and 14 in paragraph 4.25 and 4.26 of the prosecution written address where they conceded that no prima-facie case has been established against his client.
After listening to the argument of counsel, Justice Abbas adjourned the matter to January 25th, 2017 for ruling on no-case submission. In a related development, Justice Chuka Obiozor of the Federal High Court sitting in Ikoyi, Lagos, on Monday, December 4, 2017, issued a bench warrant against a former governor of Enugu State, Chimaroke Nnamani.
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A statement by EFCC Spokesman Wilson Uwujaren said the judge ordered Nnamani’s arrest for failing to appear in court for his re-arraignment over alleged money laundering to the tune of N4.5bn in a matter brought before the court by the Economic and Financial Crimes Commission.
Nnamami alongside one of his aides, Sunday Anyaogu, and six firms Rainbownet (Nig) Ltd, Hillgate (Nig) Ltd, Cosmo FM, Capital City Automobile (Nig) Ltd, Renaissance University Teaching Hospital and Mea Mater Elizabeth High School had been arraigned in 2007. In 2015, all the companies pleaded guilty to the charges but the trial of Messrs Nnamani and Anyaogu continued to stall due to the former’s frequent travels abroad to treat a heart ailment.
Chimaroke Nnamani, who was Governor of Enugu State between 1999 and 2007, is facing a 10 count charge of money laundering. The former governor allegedly conspired with the other defendants to launder statutory allocations of some local government areas of the state Shamsudeen Abubakar, counsel to Nnamani told the court that his client who is severely sick and bedridden, had just undergone a heart surgery in the United States of America and recuperating in hospital.
Asked by the judge why Nnamani stopped attending trial since 2015 when his surgery was only last month, the defence lawyer said it was the period the companies pleaded guilty to the charges. Kelvin Uzozie, counsel to the EFCC, informed the court that the photographic evidence by the defence lawyer to prove Nnamani’s recuperation in a United States hospital had been in circulation since 2014.
At the sitting today, the Judge held that counsel to Nnamani failed to give a ‘tenable reason’ why his client was absent was in court. Justice Obiozor, the fourth judge to handle the matter, made it clear to the defence lawyer that he would not tolerate any attempt to further delay the trial.
Mr Nnamani, who was governor between 1999 and 2007, is facing a 10-count charge of laundering N5.3 billion instituted by the Economic and Financial Crimes Commission. The judge also ordered the arrest of Mr Nnamani’s aide and co-accused, Sunday Anyaogu.
Tony Ailemen, Abuja
