From Yakubu Busari, Jos
The appearance of Governor Nyeson Wike at the Jos High Court on Wednesday to witnessed proceedings in the rial of former Governor David Jonah Jang for alleged embezzlement of N6.3 billion SUBEB fund sent tongues wagging about the political undertone being given to the trail under the prosecution of the Economic and Financial Crimes Commission, EFCC.
Investigation by our correspondent showed that the Rivers first citizen was in Jos to show of solidarity with the former Plateau State governor Jonah Jang, who governed the state for two terms on the platform of the Peoples Democratic Party, PDP.
Dark goggled Governor Wike, who spotted a dark blue suit with a white shirt underneath, arrived the court premises at 9:50 a.m. in company with other PDP party chieftains.
Many in the premises kept saying it was all about politics of 2023 because EFCC filed the case in March 2018 before Justice Longji of the state high court and has been under recurring prosecution all through 2021, last year 2021 and currently in 2022 when Justice Christy Dabup took up the case following the retirement of Justice Longji in December 2019.
Jang and Pam were first arraigned in June 2018, on 17-count charges bordering on misappropriation of funds, criminal breach of trust and taking corrupt advantages to the tune of N30,236,024,219.88 (Thirty Billion, Two Hundred and Thirty-Six Million, Twenty-Four Thousand, Two Hundred and Nineteen Naira, Eighty-Eight kobo), and re-arraigned in February this year, following the re-assignment of the case to Justice Dabup by the state’s chief judge, Justice Yakubu Dakwak after the initial trial judge, Justice Daniel Longji, on his last day on the bench (December 29, 2019), dismissed the defendants’ no-case-submission, and held that they have a case to answer.
Jang is standing trial over a 17-count charge on alleged criminal enrichment of himself bordering on criminal breach of trust and misappropriation of public funds while in office. That is the charge brought against him by the EFCC.
He was alleged to have conspired with an ex-cashier in the office of the Secretary to the Government of the State, Yusuf Pam, to misappropriate N6.3 billion while he served as a governor.
When the case was called yesterday, Tuesday, February 8, Justice Dabup had to postpone hearing for Wednesday after Jang collapsed and had to be taken outside for revival upon the request of his counsel, Barrister Edward Pwajok, SAN.
The trial resumed with two witness testifying as prosecution witnesses; (PW6), Boyi Kakai Sauka and Mary Anthony Bawa PW7 respectively.
Leading in evidence by prosecution counsel, Rotimi Jacobs, SAN, presented the (PW6) Boyi Kakai Sauka, a retiree from Ministry of Finance referred to as Accountant General of Plateau State from 25th August 2011 to 1st June 2015.
He stated his schedule of duties to include custody of all funds according to the state and payment, disbursements and remittances as case may be approved by the Governor.
The former Accountant General of the state gave his evidence on how they made disbursements of funds in the state.
“My lord, the proceeding of disbursements is as follows.
“The ministry (MDA) that has a need of funds institute a memo to the Governor seeking approval, if it’s approves, its forwarded to the Commissioner of Finance who then directs the process and release of funds to the Accountant General.
The Accountant General will check the memo and direct the Director of Treasury, after processing, it will send the memo through the expenditures control process.
“On issues of receiving money from the CBN, Boyi stated that CBN made N220 Million available to all the state of the federation for Micro, Small and Medium Enterprises Development Funds (MSME), and CBN then credited Plateau State with the sum of 2 billion for the purpose it was applied and was credited by CBN into Plateau State Project Account 1 with the Zenith Bank.
“Immediately the money enter the account, the manager of the bank came to my office to inform me about it (the credit) and he requested me to give him mandate to transfer the funds to the Plasmedra Account which was already opened for the purpose. My commissioner was not in office as at that time, but when he came , I told him of the development.
He then briefed the Governor of the credit and told me that the Governor had directed that he gave the instruction to the manager to transfer the money back to Project 1 account, and bank manager compiled”.
He started further that the N2 billion approved were given to used for payment of the approved loan.
“Request for approval to borrow funds 2 billion, it was approved by the governor ” said.
Asked if he knew SUBEB, he answered that SUBEB was a parastatal of the State government, “there was a request from the Governor to borrow money from SUBEB in the sum of 900 million but SUBEB was able to loan 750 Million and it’s the Governor that approved the borrowing.
Issues of classifying Expenditures stated that it was captured in all the budgets of the state during the time he was Accountant General, “I know that classifying expenditures is a subhead under the budget, and it captures in the budget of the state”.
He mentioned to the court that he met E- payment when he assumed office until he left in 2015, when he left E-Payment system was still working.
On the account that he opened, he mentioned to the Court the signatories to the account as, Accountant General, Commissioner of Finance and General Manager of Plasmedia were signatories, while the Director of Treasury and Accountant General are the signatories to project 1 account.
On (PW7) Mary Anthony Bawa, who work at the Ministry of Finance, Office of Accountant General evidence, stated that she was at SUBEB, as the Director finance and supply and she was in that office from March 2015 – August 2015, she raised mandates and made returns of all payments made.
According to her “we had a tender board meeting which I was part of it, SUBEB handled the local government education authority and intervention funds meant for construction of schools supply furniture and carpentry buildings, made payment to teachers using E- Payment accounts .
The payment of teachers salaries, we get money from the intervention funds which is a contribution funds from State and Federal, Matching grant was the intervention funds and they have committee for disbursing the funds” said.
“My lord the documents was only handed over to me, apart from the 2 billion, there was another 750 million which was during my time. There was request and approval for it, and there are documents for those request and approval my lord”.
Prosecution counsel, tender CTC of the request and approval of the loans to court as exhibits.
The request to borrow funds from Commissioner of Finance
On 30th April, 2015. “Request for approval to borrow funds in the sum of 1 billion, but only 400 Million was eventually approved ” said.
On 19th June 2014 “request for approval to borrow 2 billion from SUBEB was approved by the Governor, my boss minited it to secretary that the 2 billion be approved as loan base on the Governor approval “.
On 5th March 2015 “approval of 900 million by the Governor. The Chairman minited to the secretary that the loan of 750 million is approved based on the Governor ‘s approval “.
The Defence counsels to 1st and 2nd defendants cross-examined the witnesses and the Court adjourned the case for continuation of trial till tomorrow, Wednesday.
