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… Very slim chances for ex-governors under trial despite using the best and most senior lawyers in Nigeria
By Emmanuel Bagudu, Abuja
The eyes Nigerians are now on Ex-governors Babangida Aliyu of Niger State, Shehu Shema of Kastina State, Sule Lamido of Jigawa State, Murktar Ramalan of Kaduna State and Ikedi Ohakim of Imo State in their ongoing legal feud with the Economic and Financial Crimes Commission (EFCC) to avoid being enlisted among convicted ex-governors.
Recall, 72hours ago, a former governor of Abia state, Orji Uzo-Kalu, joined the likes of Joshua Dariye and Jolly Nyame in prison after being found guilty of defrauding Abia state of over N7billion during his tenure as governor.
Kalu, a serving senator, became the centre of attraction as the latest ex-governor to be convicted for corruption.
“Don’t handcuff me in public, I will follow you….” Kalu had pleaded with prison officials as he humbly entered a black maria that conveyed him to Kirikiri prison in Lagos.
This conviction has seen the Nation’s anti-graft agency being given another “tap on the back” by so many Nigerians as well as the international community. But like Oliver Twist, there seems to be a growing demand from Nigerians for more convictions of those guilty of corruption, especially ex-state governors who controlled one of the largest pile of resources.
“I will be consoled if the EFCC secures more convictions of other ex-state governors….Because if you closely look at the damage done to infrastructure due to the corruption by these governors, you will be forced to lose hope in this country….” Doctor Philip Kamabarawa a medical practitioner from Adamawa State told TNG in an exclusive interview.
According to him Party affiliations should not stop the EFCC from carrying out its duties.
A closer look at the various cases of the ex-governors currently on trial reveals that there is going to be a thin line between their convictions and Acquittal despite their use of the Nation’s best and Senior Lawyers.
TNG’s Judiciary Correspondent who has followed their various cases, from day one, provides the update below:
1. BABANGIDA ALIYU of Niger State: Babaginda Aliyu took over leadership of Niger State as governor from his predecessor, Abdulkadir Kure, in 2007 after Kure ruled for two tenures (1999 to 2017). Ex-governor Aliyu who is currently undergoing trial for alleged involvement in a N2billion money laundering was first arraigned in 2017 at the Federal High Court, Abuja, before justice Nnamdi Dimgba. This followed an objection by his counsel, Mamman Osuma, who claimed that the Abuja Federal High Court lacked jurisdictional powers to try Aliyu. Despite objections from the then EFCC’s counsel, Ben Ikani, Justice Dimgba, ruled that Ex-governor Aliyu be tried in Minna, the Niger State Capital. Since then Aliyu has been undergoing trial in Minna, alongside his former chief of staff, Umar Nasko. Niger State has been adjudge by many activist as a state suffering from infrastructural deficits like bad roads, poor health and educational system, to mention but a few. Whether ex-governor Aliyu and his likes are responsible for this, only time will tell.
2. SHEHU SHEMA of Kastina State
Ex-governor Shema became governor of Kastina state in 2007 through the help and influence of his predecessor and former Nigeria’s President, Umaru Musa Yar’adua. Shema who enjoyed the leadership of Kastina state up till May, 2015, is now standing trial for allegedly embezzling the Subsidy Re-investment and Empowerment Program (SURE-P) funds by up to N5.7Billion.
Shema, whose case has suffered a lot of setbacks since his arraignment in 2016 is likely to end before the end of 2020. TNG recalls that Shema at different occasions filed a “No Case Submission” appeal up to the Supreme court, involving very senior and best lawyers in the country but was turned down.
Shema became more frustrated when his case started afresh in October 2018 when the Presiding Judge, Babagana Ashigar, was replaced with Justice Hadiza Rabiu Shagari. Shema’s chances of surviving the legal feud with the EFCC remains dicey considering the complexities of the case.
3. SULE LAMIDO of Jigawa State
One funny fact about ex-governor Lamido’s case is that, he is under trial alongside three accomplices among whom are his two children, Aminu and Mustapha.
He is facing trial for allegedly defrauding Jigawa state to the tune of N1.35 billion.
Lamido and his two children according to the EFCC, during their first arraignment, allegedly turned Jigawa state treasury into a private wealth source where he dipped their hands in and out, comfortably squandering the state funds, without a single regard to the people of Jigawa.
Lamido’s case has also suffered a lot of setbacks. It had previously been heard by Justices Adeniyi Ademola and Babatunde Quadri before its eventual transfer to Justice Ojukwu by the former Chief Judge of the Federal High Court, Justice Abdul Kafarati.
TNG recalls that Mr Lamido had earlier challenged the transfer of his case at the Federal High Court, Abuja from Justice Adeniyi Ademola (now retired) to Justice Babatunde Quadri for determination. A man of the people, hundreds of people, mostly supporters, always thronged the federal High court headquarters, Abuja, venue of the trial to show support for him. Whether that crowd means anything to Lamido’s case with the EFCC, indeed, time shall tell.
4. MUKTAR RAMALAN of Kaduna State
Often referred to as the “Opportunist Governor” by some political Analysts, Ex-governor Ramalan is the only one among the accused ex-governors who never contested and won an election. He was a former commissioner of Finance during the reign of former vice president Namadi Sambo as Kaduna state governor. He became deputy governor to Patrick Yakowa, first Christian governor of Kaduna state after the then governor Namadi Sambo was nominated vice president by former president Goodluck Jonathan after the demise of president Umaru Yar’auda. Ramalan again had another privilege; he become governor when the tragic helicopter crash in Porthacourt took the life of his boss Patrick Yakowa in 2012 alongside former national security adviser Andrew Azazi.
Ramalan is among the prosecuted ex-governors with the least amount of alleged embezzlement, N700million. He is said to have committed the crime with his accomplices namely former Minister of State, Nuhu Somo Waya; former Kaduna State PDP Chairman, Abubakar Haruna Gaya and the former Secretary to the State Government, Hamza Ishaq.
5. Ikedi Ohakim of Imo State
After losing a bid to secure a second tenure to Rochas Okoracha in 2011, ex-governor Ohakim automatically lost his immunity leading to his interception by the EFCC for allegedly making a cash payment of $2, 290,000.00 (Two Million, Two Hundred and Ninety-Thousand Dollars) for a piece of land at Plot No. 1098 Cadastral Zone A04, Asokoro District, otherwise known as No. 60, Kwame Nkruma Street, Asokoro, Abuja. During one of his trials in 2016, then Prosecution Counsel and now Minister of state for Ministry of Labour and Productivity, Festus Keyamo alleged that the accused son, Emeka Ohakim, went on the trail of one of the prosecution witnesses and threatening him.
Mr. Keyamo, then, said prosecution witness 2, Mr. Sule, who is the managing director of Tweenex Consociate H.D. Limited, telephoned him (Keyamo) about 9.00p.m. on Monday, January 25, saying that the second son of the defendant, Emeka, visited his (Sule) office at Asokoro to inquire about his home address from some individuals.
According to Mr. Keyamo, the younger Ohakim allegedly approached three people, whose names he gave simply as Okon (a driver), Akpabor (a driver) and Shola (an architect), for information on Mr. Sule’s home address.
Counsel to Ohakim then Chris Uche (SAN) objected to Keyamo’s report saying Keyamo should have brought that to his notice instead of an open court. The situation it could be remembered resulted into a shouting match among the lawyers.
Justice Ademola then adjourned the case but couldn’t continue due to the sting operation by the department of state services (DSS) that indicted Justice Ademola of alleged corruption. One of Ohakim’s cousel then Awa Kalu then approached the Chief Judge of the Federal High Court then, for the transfer of the case to another Judge but was also forced to bring back the case to Justice Ademola in late 2017 when Justice Ademola was cleared by the National Judicial Council (NJC). Justice Ademola was later forcefully retired by the same NJC in 2018 and since then progress in Ohakim’s case is yet to be heard.