Perhaps, it is a weak position to stand on, because it can be said that the Governor ought to know
better, but these are the Hard Truths. This is our Country, though it is no excuse,but it is
Grounds for tampering Justice with Mercy.In this case, the Convict made a fair attempt to give
Half of the Money to Plateau State.
Also, the Lawyers who defended the Convict did not do a good job, and made a lot of Mistakes,
and he should not suffer as a result, although 40% discharge and acquittal is a Pass Mark.
Thereforethe Convict is forced to fall at the Court’s Mercy, and pray the Court to consider NonCustodial Sentence.
Finally, Learned Silk appealed to the Court to be quite merciful asthe Convict is a Serving
Senator, who served his State very diligently, and was the only Governor who was thrown out on
Executive Lawlessness because of a State of Emergency.
Learned Silk to the Prosecution, Rotimi Jacobs SAN submitted that Leave to Proffer the
Charge was obtained in June 2007, and after the Arraignment, the Court was confronted with
Series of Applications filed to stall the Case, until the Supreme Court sent the Case back in 2015.
With an average of Eight (8) Years spent, the Court should consider the language andharsh
words of the Justices (which has been a reference point) of the Supreme Court in the Case of
DARIYE VS FRN (2015) 10 NWLR 1457, regarding the Convict’s conduct.
Despite their admonitions, the Convict employed delay tactics to stall the Trial. At a time, if the
Court did anything there would be accusations of bias.
He referred the Court to the Conduct of the Convict, querying whether the Court would mitigate
the Sentence, and whether the Convict is remorseful? By his conduct at the Trial, the Convict
showed that he is not a Man of Remorse.
Further, based on the fact that the Offence is Rampant, and the Government is Corrupt as stated
by Learned Silk to the Convict, the Court should impose the Maximum Punishment, so that it can
serve as a deterrent.
He referred the Court to the Federal Capital Territory Court (Sentencing Guidelines) Practice
Direction 2016, which allows the Prosecution to narrate the Aggravating Factors that the Court
should consider in Sentencing, and also for the Convict to use its own Mitigating Factors, which
he did.
What the Court would consider, as stated in Paragraph 60, is the Higher Position of the Convict
in the Society, and in this case, the Convict holds a High Position as a Serving Senator, and
formerly a Governor who served for Two Terms. What the Court would also consider, is whether
the Convict exploited his Position as a Public Servant, and this, the Convict has done, which the
Court has found and he is therefore entitled to an Aggravated Sentence. Thirdly, the Convict was
motivated by Pecuniary Gains, and bought Properties, andhe urged the Court to issue a
Forfeiture Order in respect of these Properties.
Another Aggravating Factor is the disruption of Government Functions, as Plateau State is still
faced with Ecological Problems. The Convict prays for Mercy, but showed no mercy since 2007.
Learned Silk referred to the Court of Appeal Decision inFRN VS JOHN YAKUBU YUSUF
CA/A/366/C/2013, delivered in 21st March 2018, where it was held that the Trial Court upon
205