Convicted pension thief

 

• Jang sacks Justice Naron, NJC begins sitting on Talba

A mild drama ensued yesterday at a Federal High Court, Abuja, when the convicted pension thief, Mr. John Yakubu Yusufu, slumped in the dock, shortly after the commencement of his trial. Yusufu, a former assistant director, was convicted on January 28 for stealing about N23bn pension funds meant for police retirees but the controversial two year sentence with an option of N750,000 fine handed down by the judge is now a subject of an inquiry by the National Judicial Council.
The convict has however been held in Kuje Prison since January 30, when the Economic and Financial Crimes Commission, EFCC, re-arraigned him on a fresh four-count charge bordering on his failure to disclose his assets as they relate to his interest in a company called SY -A Global Services Limited.
When the matter came up for hearing yesterday, counsel for the accused person, Mr. Theodore Maiyaki, told the court of his intention to withdraw an application for bail dated February 18 to allow for a similar one dated January 31. Maiyaki’s second application sought to replace Section 340 (1) of the Criminal Procedure Code, CPC, with Section 118 (2) of the Criminal Procedure Act, CPA. While both applications were not opposed by the anti-graft agency, its counsel, Mr. Rotimi Jacobs, however, raised objection to the application by the accused “to be admitted to bail on liberal terms”.
Jacobs predicated his objection to the convict’s bail bargain on “the criminal antecedent of the accused person”, saying, “the accused had been convicted previously of criminal breach of trust”. He added: “The criminal record of the accused/applicant will not encourage exercise of discretion of bail on his favour.
“And when this is considered with the proof of evidence and gravity of the offence, the court will conveniently allow this trial to go on, while the accused person remains in custody pending trial.” The prosecution pledged its commitment towards an accelerated hearing and determination of the case, stressing that it would conclude its case in two days. It urged the court to reject the application and remand the accused in custody pending trial.
The trial judge, Justice Adamu Bello, adjourned ruling on bail application to March 11 and asked the prosecution to call its first witness. The first prosecution witness had hardly given his name as Mustapher Sani Gadanya when Maiyaki made an oral application for Yusufu to sit down. Interestingly, no sooner had the judge acceded to the request than a shout of “Jesus, Jesus” reverberated from a woman suspected to be the accused wife as Yusufu slumped in the dock.
Maiyaki also rushed to the dock to the aid of Yusufu, who was now shaking and sweating profusely. Conscious of the implication of continuing with trial in the face of this, Justice Bello, therefore, adjourned the case till April 22.
He, however, told the most senior prison official in court: “You can see the condition of the accused; so you should allow him access to medical attention.”
In a counter-affidavit to the bail application, deposed to by one Ateb Godwin, the EFCC averred that: “Upon further investigations, it was revealed that the accused/ applicant has some assets which he willingly and deliberately failed to declare while filing the declaration of assets form.
“That the offence for which the accused/applicant person is being charged is a felony, an offence punishable with imprisonment term of up to five years. “That there has been a lot of public and media outcry against the accused/ applicant in relation to the sentence imposed on him in Charge M0: FCT/ CR/64/2012.
“That if the accused/applicant is released on bail, he will interfere with further investigation in the case.” In the fresh charge, the anti- corruption commission is alleging that Yusufu failed to declare his interest in N250m domiciled in a fixed deposit account with Zenith Bank and another N10m traced to First Bank of Nigeria Plc; all in the name of SY -A Global Services Limited.
Also, the former assistant director is being accused of not declaring his interest in the N29m fixed on his instruction by one Danjuma Mele in his company’s account with Diamond Bank.
The offence is punishable under Section 27 (3) of the Economic and Financial Crimes Commission (Establishment, etc.) ACT CAP E1 2004. Counts two and four of the fresh charge read: “That you John Yakubu Yusufu on or about Febuary 14, 2012 at Abuja in the Abuja Judicial Division knowingly failed to make full disclosure of your assets and liability in the declaration of assets forms filed by you, by not declaring your interest in the N250m you lodged in a fixed deposit account with the Zenith Bank in the name of SY -A Global Services Limited, a company in which you are the sole signatory to its account and you thereby committed an offence punishable under Section 27(3) of the Economic and Financial Crimes Commission (Establishment, etc.) Act CAP E1 2004.
“That you John Yakubu Yusufu on or about February 14, 2012 at Abuja in the Abuja Judicial Division knowingly failed to make full disclosure of your assets and liability in the declaration of assets form filled by you, by not declaring your interest in the N29m which was fixed on your instruction by one Danjuma Mele in his company account in the name of Jidag Technical Services Ltd with Diamond Bank and for your benefit and you thereby committed an offence punishable under Section 27 (3) of the Economic and Financial Crimes Commission (Establishment, etc) Act CAP E1 2004.” Meanwhile, the fact-finding committee investigating allegations made against Justice Abubakar Talba of an Abuja High Court may begin sitting this week.
Our correspondent learnt that membership of the investigative committee is kept under wraps, ostensibly to avoid undue pressure and distraction from some quarters. It will be recalled that National Judicial Council, NJC, had at its emergency meeting of February 20 set up a committee to probe what many have termed “slap-onthe- wrist” judgement delivered by Justice Talba against Yusufu. The NJC on the same date also suspended Justices Charles Archibong of the Federal High Court, Lagos, and Thomas Naron of the Plateau State Judiciary.
Archibong has already been compulsorily retired by President Goodluck Jonathan in line with NJC’s recommendation, and Plateau State Governor Jonah Jang yesterday approved the compulsory retirement of Justice Naron. Jang in a statement signed by the Director of Press and Public Affairs, James Mannok, said that the retirement followed the NJC’s recommendation which investigated a petition against Justice Naron as member of the first panel of the Gubernatorial Election Petition Tribunal in Osun State and subsequently recommended his retirement for misconduct.
The governor in response to the NJC’s letter signed by the CJN approved the retirement of Justice Naron from March 4, 2013. Yusufu was convicted over an offence bordering on an “illegal act” of stealing about N23bn pension funds meant for police retirees. He specifically pleaded guilty to counts 18, 19 and 20, where he was alleged to have connived with others still standing trial to convert N24.2bn, N1.3bn and N1.7bn respectively. Consequently, the court sentenced him to two years imprisonment with an option of N750,000. He paid the fine and walked away.
Members of the committee are, therefore, expected to probe the EFCC’s agreement with the convict for a “custodial sentence”, which was not implemented by the trial judge, who was said to have been intimated of the said deal. In another development, the NJC has scheduled a meeting for March 13 and 14 to consider pending petitions against some judicial officers. Judicial reforms and independence are some of the other issues that may top the agenda of the two-day meeting to be held in Abuja.
Efforts by our correspondent to get the names of judges under investigation failed, as the source, who did not want his name mentioned, said: “I can’t give you their names and I will advise you be patient till the meeting holds. “One thing I will tell you is that the NJC under the leadership of the Chief Justice of Nigeria, Justice Aloma Mukhtar, will leave no stone unturned in an effort to sanitise the judiciary. “Don’t forget that she is incorruptible and very disciplined.”