The Supreme Court has ordered a former Plateau State governor, Joshua Dariye to submit himself for trial for corruption and money laundering charges before the Abuja High Court.
In a unanimous judgment by a panel of five justices, the court dismissed the former governor's appeal for lacking in merit.
Two members of the panel, Justices Sylvester Ngwuta (who read the lead judgment) and Chima Nweze frowned at the delay tactics adopted by Dariye to prevent his trial.
While Ngwuta described it as a sad commentary on the nation's fight against corruption, Nweze said the action of some members of the elite class, who saw themselves as being above the law, was worrisome.
The Economic and Financial Crimes Commission (EFCC) had in 2007 filed a 23-count charge against Dariye, and on which he was arraigned.
He was also accused of diverting state's funds estimated at billions of naira, while in office. He pleaded not guilty to the charges, following which the trial judge, Justice Adebukola Banjoko fixed November 13, 2007 for the commencement of trial.
Before November 13, Dariye filed an application, challenging the competence of the charges and the jurisdiction of the court.
He argued that he ought to be tried at High Court of Plateau State and not a high court of the Federal Capital Territory.
On December 13, 2007, the trial judge heard and dismissed Dariye's application for lacking in merit, a decision he appealed to the Court of Appeal, Abuja and subsequently to the Supreme Court.
According to a ThisDay report, Justice Ngwuta had while reading the lead judgement delivered yesterday resolved all the four issues, distilled for determination by the court, against the appellant.
"So, the appeal has no merit. It is hereby dismissed. The appellant should go back to the High Court of the Federal Capital Territory, Abuja to stand his trial on the charges levelled against him.
"This is a sad commentary on our fight against corruption. Appeal dismissed," Ngwuta said.
Justice Nweze said: "I have noticed a most worrying trend in most recent time, particularly among the politically exposed citizens of this great country, imagining that they are above the laws of the land, have perfected some awkward and baseless tactics of delaying their trial when they run into conflict with the law.
"The appellant in this appeal falls into this category. In 2007, about eight years ago, leave was granted to the respondent to prefer charges against him. He was duly arraigned before the High Court of the Federal Capital Territory.
"On November 13, the date set aside for the prosecution to marshal its witnesses, he implored the trial court to quash the charges against him on the ground that the trial court lacked the jurisdiction to hear and determine the charges.
"When the application was dismissed, he proceeded to the Court of Appeal, Abuja division, which heard and dismissed his appeal. Instead of returning to the trial court to face his trial, he appealed against the lower court's judgment. I agree that this appeal is unmeritorious," Justice Nweze said.
Other members of the panel that heard the appeal, agreed with the lead judgment.
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