A Federal High Court sitting in Jos, Plateau State, has quashed
the remaining two counts charge preferred by the Federal Government
against a former governor of Gombe State and serving senator,
Danjuma Goje, over allegations of corruption.
The Office of the Attorney-General of the Federation was said to
have applied on Thursday evening for the withdrawal of the charges,
the News Agency of Nigeria reported on Friday.
The Economic and Financial Crimes Commission had since 2011
filed a 21-count charge against Goje, but 19 of the charges were
struck out in March 2019, leaving only two counts.
The presiding judge, Justice Babatunde Quadri, had while ruling
on the “no-case” submission filed by Goje through his lawyers on
September 14, 2018, discharged him and other defendants on 19 of
the 21 counts. He held that the defendants had a case to answer on
counts eight and nine and ruled that they should open their defence
on May 8, 2019.
Goje is standing trial along with a former Executive Chairman of
the state’s Universal Basic Education Board, Aliyu El-Nafaty; and
S.M. Dokoro for an alleged N5bn fraud. A fourth defendant, the
ex-governor’s cousin, Sabo Tumu, who is now late was removed from
the charge sheet.
Meanwhile, the Office of the Attorney-General of the Federation
took over the case filed against the former governor from the EFCC
on June 7, shortly after he (Goje) agreed to step down for Ahmed
Lawan in the race for the position of the Senate President.
Goje had come under intense pressure from the ruling All
Progressives Congress and the Presidency to drop his bid to pave
the way for Lawan, who was the preferred candidate of the party for
the position.
But few weeks after he dropped his ambition and the subsequent
take-over of the case by the Office of the Attorney General of the
Federation, report emerged on Friday that the Federal Government
had applied to withdraw the charges against the senator.
When the case came up for hearing on Friday, the counsel from
the OAGF, Pius Akutah, told the court that, “My Lord, we have an
application having taken over the case and reviewed the 21 count
charges of no submission and by the ruling of this court quashed 19
leaving only two count charges in which they are to enter
defence.
“As it is, the Federal Ministry of Justice wishes to withdraw
those two charges against the accused persons. This action is in
line with the power vested in the AGF by virtue of Section 128 of
the Administration of Criminal Justice Act 2015 particularly sub
section 1 of that section (128).
“It’s in accordance with the power vested in the AGF by the
constitution that we wish to withdraw the charges before your
Lordship. This is our humble application and (we) urge your
Lordship to grant our application.”
Responding, the counsel for Goje, Mr Adeniyi Akintola (SAN), did
not oppose the application.
He said, “My Lord, we are not opposing the application but we
are urging your Lordship to evoke the provision of section 2(a)(b)
of the Administration of Criminal Justice Act 2015 and acquit them
of the charges.
“The same section gives your Lordship the discretionary power to
make an order for the accused persons to be discharged and
acquitted. My Lord has the power under Section III.
“As we urge your Lordship to consider our humble application, we
wish to thank you for your patience with us since 2011 when we
started this journey on the case. We also wish to commend the AGF
for (the) wise decision in bringing this case to an end.”
In his ruling, the judge said pursuant to Section 174(1)
particularly sub-section (b) and coupled with Section 108 (2) of
2015, “the application by the AGF to withdraw the charges is hereby
granted.” “The accused persons are hereby discharged,” the judge
held.
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