Former Governor Joshua Dariye will serve his 10 year prison sentence, the Supreme Court has ruled in a judgement delivered on Friday.
A five-man panel of the court, led by Justice Mary Odili, in a unanimous judgment on Friday, upheld the 2018 Appeal Court judgement that convicted the ex-governor. It also quashed the one-year sentence imposed on him by the Court of Appeal for misappropriation of public funds.
Apart from Justice Odili, other members of the panel include Justices Ejembi Eko Helen Ogunwumiju, Lawal Garba, Samuel Oseji and Tijani Abubakar.
The apex Court upheld Dariye’s concurrent conviction and sentence by the trial court and the Court of Appeal on the offence of criminal breach of trust.
It also quashed his conviction and sentence in relation to the offence of criminal misappropriation.
Dariye had, in his appeal, prayed the Supreme Court to upturn the November 16, 2018 judgment of the Court of Appeal, Abuja, which convicted him and sentenced him to 10 years for diverting public funds estimated at N1.162billion while he was the Governor.
On June 12, 2018 a three-man panel of the Court of Appeal, led by Justice Stephen Adah upheld the judgement by Justice Adebukola Banjoko of the High Court of the Federal Capital Territory, FCT) which convicted the former governor.
The trial court convicted Dariye on 15 counts relating to the offences of criminal breach of trust and criminal misappropriation contained in the 23-count charge on which he was tried by the Economic and Financial Crimes Commission, EFCC.
In upholding Dariye’s conviction, the Court of Appeal agreed with Rotimi Jacobs, SAN, the proseccution counsel that Dariye breached public trust.
But the Appeal Court faulted the lower court for convicting Dariye on counts 12 and 23, which it said the prosecution did not prove.
The court also reduced the 14-year sentence for the offence of criminal breach of trust to 10 years, which the Supreme court has now upheld.
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