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JANG
ARRAIGNED, REMANDED IN PRISON CUSTODY
By
Dauda Dimama
16th
May, 2018
Senator Jonah David Jang and Yusuf Gyang Pam
were arraigned today before Justice Daniel Longji of High Court 5 Jos by the
Economic and Financial Crimes Commission (EFCC). the EFCC have filed a 12 count
charge against the former governor of Plateau State and Pam, a former cashier
in the office of the Secretary to Plateau State Government early this month on
issues bordering on alleged criminal breach of trust and misappropriation of
funds to tune of over 6 billion naira in violations of the Penal Code and
Corrupt Practices and Other Related Offences Act.
When the case with charge No. PLD/J77c/2018
was called, prosecution counsel Rotimi Jacobs (SAN) told the court that
pursuant to the leave granted by the court on 13 May, 2018, the accused persons
were before his Lordship and further expressed this readiness to continue. The
judge ordered the charges to be read out to the accused persons after which
they pleaded not guilty to all the charges. Counsel for prosecution said they
were ready for the trial of the accused persons and further told the court that
they were served with bail application for the accused persons yesterday and
that their counter affidavit was also reading.
In his submission, counsel for the accused,
Robert Clarke (SAN) told the court that the bail application for the 1st
and 2nd accused persons dated 8th May, 2018 and filed on
9th May 2018 were before the court but due to certain circumstances,
he applied to withdraw the two applications. No objection was raised by counsel
for prosecution, consequently, the court struck out the two applications.
Counsel for the accused further told the
court that they have two fresh applications in respect of the two accused
persons dated 14th May, 2018 and filed same day and sought the
permission of the court to move the applications which was granted. Counsel
said the motion on notice dated 14th May, 2018 was accompanied with
an affidavit dated same day which contained six paragraphs in respect of the 1st
and 2nd accused adding that they will relied on all the paragraphs
in support of the two applications in addition to the written addresses in support
of the motion. Counsel further drew the attention of the court of the fundamental
norm enshrined in the constitution of the Federal Republic of Nigeria as
amended which stipulates that an accused person is presumed innocence until
proven otherwise adding that from the nature of the charge, the alleged offence
the accused persons were being accused of was not a capital offence stressing
that the 1st accused is a serving Senator representing Plateau North
Senatorial District at the National Assembly and in his affidavit in support of
the application discloses good and cogent grounds upon which the court can
grant the application. Counsel further argued that the court is empowered by
the provisions of sections 341(2) and 342(1) of the Criminal Procedure Code;
section 36(1) & (5) of the Constitution of the Federal Republic of Nigeria,
1999 (as amended) and under the inherent powers of the court to grant the
application further stressing that it was in the overall interest of justice to
grant the prayers sought in the application. Counsel therefore, urged the court
to consider the application and granted the 1st accused bail on self
recognition being a former governor of Plateau state and a serving senator of
the Federal Republic. However, on the 2nd accused, counsel expressed
their willingness to abide by the order of the court in that regard.
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However, in his submission, counsel for the
prosecution told the court that they have also filed a counter affidavit in
respect of the applications for the 1st and 2nd accused
persons which contained 17 and 16 paragraphs respectively and also adopted
their written address in respect of the case.
Arguing further, prosecution counsel said
that the principle of presumption of innocence as stated by counsel for the
accused was not in line with the law that governed the current prosecution
citing section 341 sub(2) of the CPC; the Supreme Court judgment in the case
between Asari Dukobo v. Federal Republic of Nigeria, (2007) Nigeria Weekly Law
Report page 715 which all showed that presumption of innocence is not
applicable in every case. He further called the attention of the court of the
three circumstances it may consider in granting or refusing bail which include;
the seriousness of the offence, the nature of the offence and the evidence
before the court.
He said the matter before the court was a
serious case of corruption against the accused. According to him, corruption
was a dangerous phenomenon that has eaten deep into fabric of this country and
a sad development the international community frowns at culminating into the
rating of Nigeria as number one most corrupt country in the world few years ago.
According to the counsel, granting the 1st accused person bail will
amount to encouraging acts of corruption in our society. He added that the
alleged offences attracted not less than five years and the 1st
accused person being a former military officer, a former governor in two
different states and now a serving senator was indeed a person of great
influence and if granted bail, will surely influence the witnesses in the
matter. Consequently, he urged his Lordship not to grant the application.
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Justice Longji observed that indeed the
matter was contentious and further admitted that it was not possible to give a
bench ruling immediately. Therefore, he adjourned the matter to Thursday, 24
May 2018 for ruling on the bail application and ordered that the accused
persons be remanded in prison custody in Jos in line with the submission of
counsel for prosecution that the EFCC has no adequate facilities in Abuja to
keep the accused persons.
Earlier, Justice Daniel Longji had struck out
charges entered against Jang by Independent Corrupt Practices and Other Relates
Offence (ICPC). Adesina Raheem, Assistant Director in ICPC and prosecution
counsel had applied for the withdrawal of the suit filed against the defendant.
According to Raheem, “we found out that the EFCC has also filed a criminal
charge against the defendant. We held a discussion with the EFCC and resolved
that we should withdraw our charge to avoid the abuse of court process. In the
light of this, I humbly seek the leave of his Lordship to withdraw this
charge.”
Justice Longji said “This court granted the
application and it is hereby struck out”.
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