A High Court of the Federal Capital Territory (FCT), Abuja, has granted bail to a former Taraba Governor, Darius Ishaku and a former Permanent Secretary, Bureau for Local Government and Chieftaincy Affairs in the State, Bello Yero at N150m each.
Justice Sylvanus Oriji, in a ruling today (Thursday, October 3), ordered the two defendants to produce two sureties, who are responsible citizens, one of whom must be a director in the Federal Civil Service while the other must be a resident of the FCT.
Justice Oriji restrained the ex-Governor and his co-defendant from travelling abroad without first obtaining the court’s permission.
The defendants were docked on September 30 by the Economic and Financial Crimes Commission before the court on a 15-count charge bordering on criminal breach of trust, conspiracy and conversion of public funds to the tune of N27bn.
EFCC alleged in the charges that, at various times, Mr Ishaku, diverted billions of naira from the contingency funds belonging to the state’s Bureau of Local Government and Chieftaincy Affairs and certain local governments of the states into their private uses. The total amounts allegedly diverted summed up to N27 billion.
The commission alleged that the defendants committed the offences of criminal breach of trust and misappropriation while Mr Ishaku served as governor from 2015 to May 2023. At the time, Mr Yero was also said to be the Permanent Secretary of the state’s Bureau of Local Government and Chieftaincy Affairs.
The prosecution counsel, Rotimi Jacobs SAN did not oppose the bail request of the former governor.
His ground was that EFCC on its own, granted him administrative bail and did not jump the bail.
Justice Oriji after granting the bail fixed November 4, 5 and 13 for commencement of trial in the alleged fraud.
Ishaku, who left office in 2023 after serving as governor for eight years was slammed with 15 count charges by EFCC but pleaded not guilty when he was arraigned on Monday.
In the copy of the charge sheet dated September 27, the former governor and the former Permanent Secretary of Bureau for Local Government and Chieftaincy Affairs, Bello Yero are the two defendants.
In the charge marked CR/792/24, the EFCC accused the defendants of diverting the sum of N1,010,000,000 to their personal use between August 25, 2015, and March 21, 2016, in Abuja.
The agency said the amount formed part of the 2.5 per cent contingency funds belonging to the Bureau of Local Government and Chieftaincy Affairs.
The EFCC noted that the duo committed an offence contrary to Section 315 of the Penal Code A, Cap 532, Laws of the Federal Capital Territory of Nigeria 2007 and punishable under the same section.
Ishaku and Yero were also accused of diverting an aggregate sum of N1,138,082, 097.71 which formed part of the 2.5 per cent contingency fund belonging to the Bureau of Local Government and Chieftaincy Affairs between July 2015 and May 2019.
Also, between September 3, 2015, and January 29, 2018, in Abuja, the defendants were accused of diverting the sum of N761,301,000 to defray the loan of N1bn granted by Zenith Bank Plc. to your company, Worthy Construction Limited.
“That you Ishaku whilst being the Governor of Taraba State and Bello Yero whilst being the Permanent Secretary, Bureau for Local Government and Chieftaincy Affairs, Taraba State between July 19, 2019 and February 5, 2021 in Abuja, within the jurisdiction of this Honourable Court, and in such capacity entrusted with dominion over certain property, to wit: an aggregate sum of N3,348,942,411.15, which sum formed part of the funds belonging to Bureau of Local Government and Chieftaincy Affairs, Taraba State and Local Government Councils in Taraba State, and you thereby committed criminal breach of trust in respect of the said property, when you dishonestly diverted the said sum to your own use,” the charge sheet partly read.
Other sums that allegedly formed part of the contingency fund diverted by the defendants include N650,686,369.99 between January 6, 2019, and April 29, 2021; N193,030,000 between January 2019 and April 29, 2021; and N170,549,842.00 between January 6, 2019, and April 29, 2021, among others.
