Court of Appeal, Abuja, has refused the application for bail pending appeal filed by a retired Director of Finance and Administration with the Abuja Metropolitan Management Council, AMMC, under the Federal Capital Territory Administration, FCTA, Garba Mohammed Dukku, who was convicted and sentenced to 24 years imprisonment for the diversion of public funds amounting to approximately N319 million.
Dukku had approached the Court of Appeal seeking to be admitted to bail pending the determination of his appeal against the judgement of the Federal High Court, Abuja, which sentenced him to a total of 24 years imprisonment for corruption and money laundering offences.
In its ruling, the Court of Appeal held that the appellant failed to show any exceptional circumstance to warrant the exercise of the Court’s discretion in granting bail pending appeal. The Court consequently refused the application.
The Court, however, granted an accelerated hearing of the substantive appeal in order to ensure the expeditious determination of the matter.
Dukku was convicted by the Federal High Court, Abuja, presided over by Justice James Omotosho, on six counts bordering on corruption and money laundering in charge number FHC/ABJ/CR/608/2022.
The ICPC had established during trial that between 2012 and 2013, Dukku fraudulently diverted a total sum of N318,250,000 belonging to the AMMC into his personal Fidelity Bank account in various tranches, including N56.25 million, N71 million, N53 million, N54 million, N46 million, and N36.3 million.
The Commission further proved that the diverted funds were subsequently transferred to Bureau de Change operators for unauthorised purposes.
Although Dukku claimed during trial that the funds were handed over to his superiors, the Federal High Court dismissed the defence for lack of credible evidence and held that the prosecution had proved its case beyond reasonable doubt.
Justice Omotosho consequently sentenced the convict to four years’ imprisonment on each of the six counts, amounting to a total jail term of 24 years. The Court also imposed an option of fine equivalent to five times the amount involved in each count, totaling approximately N1.6 billion.
The ICPC welcomes the decision of the Court of Appeal refusing bail pending appeal and views it as a reaffirmation of the principle that applications for such relief must be supported by exceptional and compelling circumstances.
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(Editor: Terverr Tyav)
