EFCC unhappy with ruling after high court acquits former Sokoto governor Attahiru Bafarawa

FORMER Sokoto State governor Alhaji Attahiru Bafarawa has been discharged and acquitted by an Abuja high court following N13bn ($36m) fraud charges brought against him by the Economic and Financial Crimes Commission (EFCC).

According to the charge sheet, Alhaji Bafarawa, who was Sokoto State governor between 1999 and 2007, was accused of fraudulent transactions. He and 17 others, faced a 144-count charge in 2009 but these charges were later reduced to 34 with some of them dropped for lack of evidence and some of the accused were granted state pardons, while some became deceased.

In court yesterday, Justice Bello Abbas noted that the evidence advanced by the prosecuting counsel lacked substance, was contradictory and imaginary and therefore did not substantially prove the case of fraud against the plaintiff. In addition to the former governor, Salihu Maibuhu Gummi and Nasiru Dalhatu Bafarawa, his younger brother, were also discharged and acquitted.

According to Justice Abbas, the accused persons were discharged and acquitted on grounds that the case could not be established beyond reasonable doubt. Responding, Alhaji Bafarawa said justice would always prevail when your hands are clean, quoting President Muhammadu Buhari who apparently said Bafarawa was not a thief when they arrested him in Abuja over the issue.

Alhaji Bafarawa wondered why he was accused of misappropriating N13 n when he left N12bn in the state coffers, another N500m in the account of the Sultan Muhammadu Maccido Institute for Quranic and General Studies and an additional N1bn iron rods investment for the state. “I call on President Muhammadu Buhari and the EFCC to investigate these facts so that Nigerians will be convinced that the fight against corruption is not biased,” he added.

However, the EFCC described the ruling as shocking and unacceptable and the agency's spokesman Wilson Uwujaren, said they believe the judge erred in law. Already, the EFCC has made it clear that it will appeal the decision.

Mr Wilson said: “In the course of the trial, the EFCC called nine witnesses and presented several documents that were admitted in evidence, while the defendants called only six witnesses. Surprisingly, Justice Abbas discharged and acquitted the accused of all counts on the premise that the evidence presented by the prosecution were mere hearsay  and there was no documentary evidence to back up the claim of witnesses.

“The commission believes that the judge erred in law and has mandated its counsel to appeal the ruling at the Court of Appeal. The judgment of Justice Abbas is the climax in the series of twists and turns that the trial had witnessed over the last nine years or so.

In addition, the EFCC also faulted the state pardon granted five of the defendants by current Sokoto State governor Aminu Tambuwal. Those pardoned include Alhaji Tukur Alkali, who is the commissioner for animal health and fisheries development; commissioner for home affairs Isa Achida; chairman of the governing board of the National Commission for Colleges of Education Alhaji Maigari Dingyadi; the member representing Isa constituency in the Sokoto State House of Assembly, Habibu Modachi and a permanent secretary Isah Bello.