A five-man panel of the Court of Appeal sitting in Sokoto and presided
over by Justice Hannatu Sankey has, in two separate appeals, voided the
state pardon granted to some former officials of the state who were
prosecuted by the Economic and Financial Crimes Commission, EFCC at the
Sokoto state High Court. Delivering the lead judgments in the two
appeals filed by the EFCC against Alhaji Muhammad Maigari Dingyadi
(former SSG) and Isa Sadiq Achida, Justice Sankey and Justice
Ndukwe-Anyawu both held that the governor's pardon was invalid since the
accused persons were still undergoing trial. The judge further held
that the accused person who had not been convicted was presumed innocent
and therefore could be validly granted state pardon by the governor.
Consequently, the Court set aside the instrument of pardon as well as
the discharge of the accused persons by the trial court. The appeal
court further ordered that the two accused persons be tried by another
judge of the State High Court other than Justice Bello Abbass who
handled the initial trial. It would be recalled that the accused persons
were being tried alongside former governor of Sokoto State, Attahiru
Dalhatu Bafarawa, over a N15billion fraud. A Sokoto State High Court
presided over by Honourable Justice Bello Abbas delivered a ruling which
discharged them alongside three others, Alhaji Tukur Alkali, Bello Isah
and one Alhaji Halilu Modachi. Their discharge was sequel to a motion
filed by the accused persons seeking to be discharged from further
criminal proceedings based on a pardon granted to them by the Sokoto
State Governor. Dissatisfied with the ruling of the lower court, the
EFCC approached the court of appealsitting in Sokoto praying that the
ruling of the lower court be set aside.15billion fraud: Appeal court reverses Governor Tambuwal's pardon
A five-man panel of the Court of Appeal sitting in Sokoto and presided
over by Justice Hannatu Sankey has, in two separate appeals, voided the
state pardon granted to some former officials of the state who were
prosecuted by the Economic and Financial Crimes Commission, EFCC at the
Sokoto state High Court. Delivering the lead judgments in the two
appeals filed by the EFCC against Alhaji Muhammad Maigari Dingyadi
(former SSG) and Isa Sadiq Achida, Justice Sankey and Justice
Ndukwe-Anyawu both held that the governor's pardon was invalid since the
accused persons were still undergoing trial. The judge further held
that the accused person who had not been convicted was presumed innocent
and therefore could be validly granted state pardon by the governor.
Consequently, the Court set aside the instrument of pardon as well as
the discharge of the accused persons by the trial court. The appeal
court further ordered that the two accused persons be tried by another
judge of the State High Court other than Justice Bello Abbass who
handled the initial trial. It would be recalled that the accused persons
were being tried alongside former governor of Sokoto State, Attahiru
Dalhatu Bafarawa, over a N15billion fraud. A Sokoto State High Court
presided over by Honourable Justice Bello Abbas delivered a ruling which
discharged them alongside three others, Alhaji Tukur Alkali, Bello Isah
and one Alhaji Halilu Modachi. Their discharge was sequel to a motion
filed by the accused persons seeking to be discharged from further
criminal proceedings based on a pardon granted to them by the Sokoto
State Governor. Dissatisfied with the ruling of the lower court, the
EFCC approached the court of appealsitting in Sokoto praying that the
ruling of the lower court be set aside.
