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Just in: Supreme Court affirms 12 years jail term for Taraba ex-gov, Nyame
Friday, February 7, 2020
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Just in: Supreme Court affirms 12 years jail term for Taraba ex-gov, Nyame
The Supreme Court on Friday affirmed the conviction and sentence of a former Governor of Taraba State, Jolly Name, to 12 years imprisonment for N1 . 6 bn corruption charges.
But a five-man panel of the apex court led by Justice Mary Peter-Odili , in its unanimous judgment , set aside the N100 m fine imposed on him by the Court of Appeal .
Delivering the lead judgment of the court on Nyame ’ s appeal , Justice Amina Augie , held that the Court of Appeal was wrong to have imposed the fine on him without hearing from the appellant .
“The lower court ought to have heard from the parties, especially, the appellant who appealed for the reduction of the sentence imposed by the trial court , before imposing those fines on him , ” Justice Augie ruled.
She , however , affirmed the guilt and conviction of the ex -governor by upholding the Court of Appeal ’ s reduction of the 14 years ’ imprisonment to 12 years .
The judge, who held that the ex -governor ’ s appeal succeeded in part , ruled saying, “Allowing the appeal in its entirety is a tall order , but there is no question that the fines were a nullity ”.
Nyame ’ s appeal was against the November 16, 2018 judgment of the Abuja Division of the Court of Appeal which had affirmed Nyame ’ s conviction by the High Court of the Federal Capital Territory, Abuja .
Justice Adebukola Banjoko of the FCT High Court had on May 30, 2018, convicted Nyame on a total of 27 out of the 41 corruption charges involving about N1 . 6 bn preferred against him by the Economic and Financial Crimes Commission .
The misappropriated funds included ecological funds , those earmarked for grains and a presidential visit.
The former governor was convicted and sentenced to various terms of imprisonment with the highest being 14 years for offences bordering on criminal breach of trust , criminal misappropriation , taking valuable thing without consideration and receiving gratification as a public officer .
In its judgment delivered on November 16, 2018, the Court of Appeal affirmed the guilt of the former governor .
But citing section 416 ( 2 ) of the Administration of Criminal Justice Act 2015 which prohibits the imposition of maximum sentences on first offenders , the Court of Appeal reduced the 14 years ’ imprisonment to 12.
In addition to the 12 years ’ sentence , however , the Justice Abdul Aboki -led panel of the Court of Appeal imposed a fine of N100 m on Nyame , a punishment the trial court had omitted in the judgment delivered on May 30, 2018.
The former governor had appealed against the judgment of the Court of Appeal .
At the Supreme Court ’ s hearing of the appeal on November 14, 2019, Nyame ’ s lawyer , Ahmed Raji , SAN , urged the court “to allow the appeal ”.
But the counsel representing the EFCC , the respondent , Mr Rotimi Jacobs , SAN , backed by Oluwaleke Atolagbe , urged the court to dismiss it.
While the apex court , in its judgment on Friday , affirmed the ex -governor ’ s guilt and his sentencing to 12 years ’ imprisonment , it nullified the N100 m fine imposed on him .
The Supreme Court on Friday affirmed the conviction and sentence of a former Governor of Taraba State, Jolly Name, to 12 years imprisonment for N1 . 6 bn corruption charges.
But a five-man panel of the apex court led by Justice Mary Peter-Odili , in its unanimous judgment , set aside the N100 m fine imposed on him by the Court of Appeal .
Delivering the lead judgment of the court on Nyame ’ s appeal , Justice Amina Augie , held that the Court of Appeal was wrong to have imposed the fine on him without hearing from the appellant .
“The lower court ought to have heard from the parties, especially, the appellant who appealed for the reduction of the sentence imposed by the trial court , before imposing those fines on him , ” Justice Augie ruled.
She , however , affirmed the guilt and conviction of the ex -governor by upholding the Court of Appeal ’ s reduction of the 14 years ’ imprisonment to 12 years .
The judge, who held that the ex -governor ’ s appeal succeeded in part , ruled saying, “Allowing the appeal in its entirety is a tall order , but there is no question that the fines were a nullity ”.
Nyame ’ s appeal was against the November 16, 2018 judgment of the Abuja Division of the Court of Appeal which had affirmed Nyame ’ s conviction by the High Court of the Federal Capital Territory, Abuja .
Justice Adebukola Banjoko of the FCT High Court had on May 30, 2018, convicted Nyame on a total of 27 out of the 41 corruption charges involving about N1 . 6 bn preferred against him by the Economic and Financial Crimes Commission .
The misappropriated funds included ecological funds , those earmarked for grains and a presidential visit.
The former governor was convicted and sentenced to various terms of imprisonment with the highest being 14 years for offences bordering on criminal breach of trust , criminal misappropriation , taking valuable thing without consideration and receiving gratification as a public officer .
In its judgment delivered on November 16, 2018, the Court of Appeal affirmed the guilt of the former governor .
But citing section 416 ( 2 ) of the Administration of Criminal Justice Act 2015 which prohibits the imposition of maximum sentences on first offenders , the Court of Appeal reduced the 14 years ’ imprisonment to 12.
In addition to the 12 years ’ sentence , however , the Justice Abdul Aboki -led panel of the Court of Appeal imposed a fine of N100 m on Nyame , a punishment the trial court had omitted in the judgment delivered on May 30, 2018.
The former governor had appealed against the judgment of the Court of Appeal .
At the Supreme Court ’ s hearing of the appeal on November 14, 2019, Nyame ’ s lawyer , Ahmed Raji , SAN , urged the court “to allow the appeal ”.
But the counsel representing the EFCC , the respondent , Mr Rotimi Jacobs , SAN , backed by Oluwaleke Atolagbe , urged the court to dismiss it.
While the apex court , in its judgment on Friday , affirmed the ex -governor ’ s guilt and his sentencing to 12 years ’ imprisonment , it nullified the N100 m fine imposed on him .
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