Former Governor of Plateau State, Senator Joshua Dariye, Friday failed to upturn his earlier conviction as the Supreme Court, affirmed the 10-year jail term handed to him on criminal breach of trust and misappropriation of public funds.
The apex court, in a unanimous decision by a five-man panel of Justices led by Justice Mary Odili, said it found no reason to set aside the Court of Appeal judgement that upheld Dariye’s conviction.
It however quashed his indictment for misappropriation, which carries two years prison sentence.
Dariye, who governed Plateau State from 1999 to 2007, and was serving as Senator for Plateau Central before his conviction, had approached the apex court, begging it to review his case.
He insisted that his conviction and sentence was based on speculative evidence that was presented against him by the Economic and Financial Crimes Commission, EFCC.
In the appeal he filed through his team of lawyers led by a former Attorney-General of the Federation, Mr. Kanu Agabi, the former governor, urged the court to set-aside his conviction, or in the alternative, reduce his prison sentence.
The EFCC however opposed the appeal.
It urged the apex court to uphold the concurrent findings of both the High Court of the Federal Capital Territory and the Court of Appeal in Abuja, which found the former governor guilty.
The anti-graft agency argued that Dariye failed to adduce any reason why his sentence should be reduced.
Delivering its judgement on the matter on Friday, the Supreme Court held that Dariye’s appeal “succeeded in part”.
While it upheld his conviction on criminal breach of trust which attracts 10-year jail term, it struck out the misappropriation allegation against him.
While Justice Ejembi Eko prepared the lead judgement, it was however delivered by Justice Helen Ogunwumiju.
It will be recalled that the Court of Appeal in Abuja had in its judgement on November 16, 2018, reduced the 14-year prison sentence that was handed to Dariye by trial Justice Adebukola Banjoko of the High Court of the Capital Territory at Gudu, to 10 years.
Describing the sentence as excessive, the appellate court further quashed counts 12 and 23 of the charge that formed part of allegations upon which Dariye’s conviction was based.
Trial Justice Banjoko had convicted the former governor for diverting public funds to the tune of N1.126billion.
He was found guilty on 15 out of the 23-count criminal charge the EFCC entered against him.
The trial court said it was satisfied that the ex-governor, being a public officer that had full dominion and control of ecological funds the Federal Government released to Plateau State in 2001, converted and diverted same for his personal use.
It held that the ex-governor criminally misappropriated funds and acted in violent breach of public trust and his oath of office.
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