Appeal Court Declines Bail For Convicted Ex-FCTA Director Over N319m Fraud

By RhemDy News 

The Court of Appea sitting in Abuja has refused the application for bail pending an appeal filed by Mr. Garba Mohammed Dukku, a retired director of Finance and Administration with the Abuja Metropolitan Management Council (AMMC) under the Federal Capital Territory Administration (FCTA).

Dukku had earlier been convicted and sentenced to 24 years imprisonment by the Federal High Court, Abuja for diversion of public funds amounting to approximately N319 million.

He was convicted by the Federal High Court, Abuja, presided over by Justice James Omotosho, on six counts bordering on corruption and money laundering in charge number FHC/ABJ/CR/608/2022.

The convicted retired director had approached the Court of Appeal seeking to be admitted to bail pending the determination of his appeal against the judgment of the High Court which sentenced him for corruption and money laundering.

In its ruling, the Court of Appeal held that the Dukku failed to show any exceptional circumstance to warrant the exercise of the Court’s discretion in granting bail pending appeal. 

The Court consequently refused the application.

In its place, the Court, however, granted an accelerated hearing of the substantive appeal in order to ensure the expeditious determination of the matter.

The ICPC had established during trial that between 2012 and 2013, Mr. Dukku fraudulently diverted a total sum of N318,250,000 belonging to the AMMC into his personal Fidelity Bank account in various tranches, including N56.25 million, N71 million, N53 million, N54 million, N46 million, and N36.3 million.

The Commission further proved that the diverted funds were subsequently transferred to Bureau de Change operators for unauthorised purposes.

Although he claimed during trial that the funds were handed over to his superiors, the Federal High Court dismissed the defence for lack of credible evidence and held that the prosecution had proved its case beyond reasonable doubt.

Justice Omotosho consequently sentenced the convict to four years' imprisonment on each of the six counts, amounting to a total jail term of 24 years. 

The Court also imposed an option of fine equivalent to five times the amount involved in each count, totaling approximately N1.6 billion.

The ICPC, in a statement by its Head, Media and Public Communications, J. Okor Odey, welcomes the decision of the Court of Appeal refusing bail pending appeal, describing the refusal as a reaffirmation of the principle that applications for such relief must be supported by exceptional and compelling circumstances.

The Commission expressed resolute commitment to the diligent prosecution of corruption cases and the protection of public resources from abuse and misappropriation.