By Nchetachi Chukwuajah
The Court of Appeal in Abuja has refused to grant an application for bail pending appeal filed by Garba Dukku, a former Director of Finance and Administration of the Abuja Metropolitan Management Council under the Federal Capital Territory Administration (FCTA), who was sentenced to 24 years’ imprisonment for diverting about N319 million in public funds.
Dukku had approached the Court of Appeal seeking bail pending the determination of his appeal against the judgement of the Federal High Court.
A statement issued by the spokesman for the Independent Corrupt Practices and Other Related Offences Commission (ICPC), John Odeh, on Thursday, July 23, said the appellate court held that Dukku failed to establish exceptional circumstances to justify the grant of bail pending the determination of his appeal.
The court, however, ordered an accelerated hearing of the substantive appeal to ensure its expeditious determination.
Dukku was convicted by the Federal High Court in Abuja, presided over by Justice James Omotosho, on six counts bordering on corruption and money laundering in suit number FHC/ABJ/CR/608/2022
The ICPC, which prosecuted the case, said it proved during the trial that between 2012 and 2013, Dukku diverted N318.25 million belonging to the Abuja Metropolitan Management Council into his personal Fidelity Bank account in several tranches.
The anti-graft agency said the funds were transferred in sums of N56.25 million, N71 million, N53 million, N54 million, N46 million, and N36.3 million before being moved to Bureau de Change operators for unauthorised purposes.
Although Dukku claimed the money was handed over to his superiors, the trial court dismissed the defence, holding that there was no credible evidence to support the assertion and that the prosecution had proved its case beyond reasonable doubt.
Justice Omotosho subsequently sentenced Dukku to four years’ imprisonment on each of the six counts, amounting to a cumulative jail term of 24 years.
The trial court also imposed the option of a fine equivalent to five times the amount involved in each count, bringing the total fine to about N1.6 billion.
The ICPC, while reacting to the appellate court’s decision, described the ruling as a reaffirmation of the principle that applications for bail pending appeal must be supported by exceptional and compelling circumstances.
“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.
“The Commission remains resolute in its commitment to the diligent prosecution of corruption cases and the protection of public resources from abuse and misappropriation,” the statement said.
