The Economic and Financial Crime Commission (EFCC) Wednesday arraigned former Governor of Plateau State and Senator representing
Plateau North in the National Assembly, Jonah David Jang, in Jos High Court on
allegation of fraud while he was governor of the state.
This is even as the Independent Corrupt Practices
and Other Related Offences Commission (ICPC) has withdrawn its charges against
the senator to avoid duplication of court process.
Counsel to the ICPC, Mr. Adesina Raheem, an
Assistant Director, said: “We got an information that the EFCC has also filed a
criminal charges against the defendant.
“We had a discussion with the EFCC and it was
resolved that we should withdraw ours to avoid duplication of court process.”
The presiding Judge, Justice Daniel Longji, granted
the withdrawal of the application and struck out the case.
The senator, dressed in white traditional attire
and brought to court by the commission in an unregistered white Toyota Hiace
Bus by 9:30 a.m., was shortly thereafter asked to enter the dock together with
his former cashier, Mr. Yusuf Pam.
When the charges filed by the EFCC against him were
read, the ex-governor, who was in high spirits, smiled at some of them possibly
considering them as frivolous.
The 12-count charge filed against him and Pam were
read to them, and they both pleaded not guilty. The charges, among others,
include misappropriation of monies disbursed by the Central Bank of Nigeria
(CBN) meant for disbursement to prospective beneficiaries of Micro, Small and
Medium Enterprise Development Fund (MSMEDF), dishonestly diverting and
misappropriating “certain property” summing up to various amount of money.
The said offences, according to the charges, are
punishable under section 309 of the Penal Code Law of Northern Nigeria
applicable to Plateau State.
After the charges were read, and the accused
pleaded not guilty, their lead counsel, Mr. Robert Clarke (SAN), who said he
was committed speedy trial of case, argued that an accused person is presumed
innocent by fact and law, “however, the law says there are some grievous
offences, but generally we are all presumed innocent.
“But in spite of that, even the woman who stabbed
her husband, as grievous as that offence may seem, was granted a bail. We
lawyers have as a cornerstone of our profession the saying that facts are
sacred. The facts here are all pecuniary.
“Justice must not only be seen to be done, but must
be done to be seen.
“The counter-affidavit states that the accused
persons have been enjoying administrative bail, but that it is now refused
because of the enormity of the charges before them. So they did not only
withdraw the administrative bail but urge your lordship not to grant them bail
because they may abscond. But they were granted administrative bail five times
on the same offences and they didn’t abscond, why now?
“I urge your Lordship not to grant the prosecution
the summersault to take their pound of flesh.”
Clarke said: “The counter-affidavit also claimed
that if granted bail, they may go and intimidate witnesses. But the witnesses
have always been there when they were granted administrative bail and were
never intimidated. After all, the evidences are already before the court, and
the witnesses cannot at this point be intimidated.
“The first accused has been a military governor
twice and civilian governor for eight years. He is now a distinguished senator.
He is also a graduate of Theology and a Pastor. Respect should be given to whom
respect is due. He should be given bail on self-recognition.
“On these facts, I urge you my Lord not to run
along with their counter-affidavit.”
But in a counter argument, counsel to the EFCC, Mr.
Rotimi Jacobs, cited the case of Asari Dokubo, a founder of Niger-Delta
militant group, to support his argument who was not granted bail, adding that
an accused person shall not ‘ordinarily’ be released on bail.
He also cited the case between Ishaya Bamayi and
the state (2001), insisting that the case at hand borders on corruption, and
none of these charges is less than five years jail.
Jacobs said the bail should be denied to avoid the
liberty of committing other offences, rather, the judge should grant
accelerated hearing.
But Clarke countered his argument, observing that
the Asari Dokubo’s case he cited bordered on militancy and terrorism, and
cannot be compared to the current one.
Delivering his ruling on the bail, Justice Longji
noted that the case is a sensitive one.
He said: “I have no doubt in my mind that this case
is a sensitive one, especially considering the caliber of the person involved,”
however, adding that he will adjourn to a later date.
This prompted a fresh argument on where to keep the
accused before the next adjourned date. The EFCC counsel had wanted the accused
to be taken back to Abuja but Clarke objected on the grounds that transferring
the accused up and down was not safe due to the bad roads.
Jacobs then agreed, and the opinion of Jang was
sought by Clarke on where he would prefer to be kept. Clarke then suggested the
DSS custody or Jos Prison.
The judge then used his discretion, and finally ruled
that Jang should be kept in Jos Prison custody till May 24, when the ruling on
the bail application will be decided.
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