Delivering the lead
judgments in the two appeals filed by the EFCC against Alhaji Muhammad Maigari
Dingyadi (former SSG) and Isa Sadiq Achida, Justice Sankey and Justice
Ndukwe-Anyawu both held that the governor's pardon was invalid since the
accused persons were still undergoing trial.
The judge further
held that the accused person who had not been convicted was presumed innocent
and therefore could be validly granted state pardon by the governor.
Consequently, the
Court set aside the instrument of pardon as well as the discharge of the
accused persons by the trial court.
The appeal court
further ordered that the two accused persons be tried by another judge of the State
High Court other than Justice Bello Abbass who handled the initial trial.
It
would be recalled that the accused persons were being tried alongside former
governor of Sokoto State, Attahiru Dalhatu Bafarawa, over a N15billion fraud.
A Sokoto State High
Court presided over by Honourable Justice Bello Abbas delivered a ruling which discharged
them alongside three others, Alhaji Tukur Alkali, Bello Isah and one Alhaji
Halilu Modachi. Their discharge was sequel to a motion filed by the accused
persons seeking to be discharged from further criminal proceedings based on a pardon
granted to them by the Sokoto State Governor.
Dissatisfied with
the ruling of the lower court, the EFCC approached the court of appeal sitting
in Sokoto praying that the ruling of the lower court be set aside.
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