N27B LG fund: EFCC arrests ex-gov for alleged diversion
The Economic and Financial Crimes Commission (EFCC) has arrested the immediate past governor of Taraba State, Arc. Darius Dickson Ishaku, for allegedly diverting more than N27 billion belonging to local governments.
Ishaku will face trial with a one-time Permanent Secretary of the Bureau for Local Government and Chieftaincy Affairs in the state, Bello Yero.
The EFCC has already filed 15 charges against the two men in the High Court of the Federal Capital Territory.
Ishaku has been in EFCC custody for 72 hours.
It was not clear at press time when precisely they might be arraigned by the anti-graft agency.
However, a top source said the EFCC was awaiting a date for their arraignment from the court.
According to the charges prepared against the suspects and sighted by The Nation, they allegedly tampered with 2.5% contingency funds belonging to the Bureau of Local Government and Chieftaincy Affairs, Taraba State.
Some of the charges are as follows:
“That you Darius Dickson Ishaku whilst being the Governor of Taraba State and Bello Yero whilst being the Permanent Secretary, Bureau for Local Government and Chieftaincy Affairs, Taraba State between 25th August, 2015 and 21st March, 2016 in Abuja, within the jurisdiction of this Honourable Court, and in such capacity entrusted with dominion over certain property, to wit: an aggregate sum of N1, 010, 000, 000, which sum formed part of the 2.5% contingency funds belonging to Bureau of Local Government and Chieftaincy Affairs, Taraba State committed criminal breach of trust in respect of the said property, when you dishonestly diverted the said sum to your own use and you thereby committed an offence contrary to Section 315 of the Penal Code Act Cap 532, Laws of the Federal Capital Territory of Nigeria and punishable under the same section.
“That you Darius Dickson Ishaku whilst being the Governor of Taraba State and Bello Yero whilst being the Permanent Secretary, Bureau for Local Government and Chieftaincy Affairs, Taraba State between 25th August, 2015 and 21st March, 2016 in Abuja, within the jurisdiction of this Honourable Court, dishonestly misappropriated certain property, to wit: an aggregate sum of N1, 010, 000, 000 (One Billion and Ten Million Naira), which sum formed part of the 2.5% contingency fund belonging to Bureau of Local Government and Chieftaincy Affairs, Taraba State and you.
“That you Darius Dickson Ishaku whilst being the Governor of Taraba State and Bello Yero whilst being the Permanent Secretary, Bureau for Local Government and Chieftaincy Affairs, Taraba State between July, 2015 and May, 2019 in Abuja, within the jurisdiction of this Honourable Court, and in such capacity entrusted with dominion over certain property, to wit: an aggregate sum of N1, 138, 082, 097.71 (One Billion, One Hundred and Thirty-Eight Million, Eighty-Two Thousand, Ninety-Seven Naira, Seventy-One Kobo), which sum formed part of the 2.5% contingency fund belonging to Bureau of Local Government and Chieftaincy Affairs, Taraba State committed criminal breach of trust in respect of the said property, when you dishonestly diverted the said sum to your own use and you thereby committed an offence contrary to Section 315 of the Penal Code Act, Cap 532, Laws of the Federal Capital Territory of Nigeria 2007 and punishable under the same section.
“That you Darius Dickson Ishaku whilst being the Governor of Taraba State and Bello Yero whilst being the Permanent Secretary, Bureau for Local Government and Chieftaincy Affairs, Taraba State between July, 2015 and May, 2019 in Abuja, within the jurisdiction of this Honourable Court, dishonestly misappropriated certain property, to wit: an aggregate sum of N1, 138, 082, 097.71, which sum formed part of the 2.5% contingency fund belonging to Bureau of Local Government and Chieftaincy Affairs, Taraba State and you hereby committed an offence contrary to section 308 of the Penal Code Act, Cap 532, Laws of the Federal Capital Territory of Nigeria 2007 and punishable under section 309 of the same Act.
“That you Darius Dickson Ishaku whilst being the Governor of Taraba State and Bello Yero whilst being the Permanent Secretary, Bureau for Local Government and Chieftaincy Affairs, Taraba State between 19th July, 2019 and 5th February, 2021 in Abuja, within the jurisdiction of this Honourable Court, and in such capacity entrusted with dominion over certain property, to wit: an aggregate sum of N3,348,942,411.15 (Three Billion, Three Hundred and Forty Eight Million, Nine Hundred and Forty Two Thousand, Four Hundred and Eleven Naira, Fifteen Kobo), which sum formed part of the funds belonging to Bureau of Local Government and Chieftaincy Affairs, Taraba State and Local Government Councils in Taraba State, and you thereby committed criminal breach of trust in respect of the said property, when you dishonestly diverted the said sum to your own use and you thereby committed an offence contrary to Section 315 of the Penal Code Act, Cap 532, Laws of the Federal Capital Territory of Nigeria 2007 and punishable under the same section.
“That you Darius Dickson Ishaku whilst being the Governor of Taraba State and Bello Yero whilst being the Permanent Secretary, Bureau for Local Government and Chieftaincy Affairs, Taraba State between 19th July, 2019 and 5th February, 2021 in Abuja, within the jurisdiction of this Honourable Court, and in such capacity entrusted with dominion over certain property, to wit: an aggregate sum of N639,435,000.00 (Six Hundred and Thirty-Nine Million, Four Hundred and Thirty-Five Thousand Naira), which sum formed part of the funds belonging to Bureau of Local Government and Chieftaincy Affairs, Taraba State and Local Government Councils in Taraba State, and you thereby committed criminal breach of trust in respect of the said property, when you dishonestly diverted the said sum to your own use and you thereby committed an offence contrary to Section 315 of the Penal Code Act, Cap 532, Laws of the Federal Capital Territory of Nigeria 2007 and punishable under the same section.”
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The EFCC was specific on how the ex-governor and the erstwhile Permanent Secretary allegedly diverted the funds meant for local government areas in the state, including Donga, Gassol and Gashaka Councils.
In one instance, N993.1million meant for local governments in the state could not be accounted for.
Other charges against the former governor and the former permanent secretary include the following:
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“That you Darius Dickson Ishaku whilst being the Governor of Taraba State and Bello Yero whilst being the Permanent Secretary, Bureau for Local Government and Chieftaincy Affairs, Taraba State between 30th September, 2016 and 23rd February, 2021 in Abuja, within the jurisdiction of this Honourable Court, and in such capacity entrusted with dominion over certain property, to wit: an aggregate sum of N993,102,053.63 (Nine Hundred and Ninety-Three Million, One Hundred and Two Thousand, Fifty-Three Naira and Sixty-Three Kobo), which sum formed part of the funds belonging to Taraba State Government and Local Government Councils in Taraba State.
“That you Darius Dickson Ishaku whilst being the Governor of Taraba State and Bello Yero whilst being the Permanent Secretary, Bureau for Local Government and Chieftaincy Affairs, Taraba State between 6th January, 2019 and 29th April, 2021 in Abuja, within the jurisdiction of this Honourable Court, and in such capacity entrusted with dominion over certain property, to wit: an aggregate sum of N193, 030, 000 (One Hundred and Ninety Three Million, Thirty Thousand Naira), which sum formed part of the fund belonging to Bureau of Local Government and Chieftaincy Affairs, Taraba State and Donga Local Government Council in Taraba State committed criminal breach of trust in respect of the said property, when you dishonestly diverted the said sum to your own use and you thereby committed an offence contrary to Section 315 of the Penal Code Act, Cap 532, Laws of the Federal Capital Territory of Nigeria 2007 and punishable under the same section.
“That you Darius Dickson Ishaku whilst being the Governor of Taraba State and Bello Yero whilst being the Permanent Secretary, Bureau for Local Government and Chieftaincy Affairs, Taraba State between 6th January, 2619 and 28th April, 2024 in Abuja, within the jurisdiction of this Honourable Court, and in such capacity entrusted with dominion over certain property, to wit: an aggregate sum of N650, 686, 369.99 (Six Hundred and Fifty Million, Six Hundred and Eighty-Six Thousand, Three Hundred and Sixty-Nine Naira, Ninety-Nine Kobo}, which sum formed part of the funds belonging to the Bureau of Local Government and Chieftaincy Affairs, Taraba State and Gassol Local Government Council committed criminal breach of trust in respect of the said property, when you – dishonestly diverted the said sum to your own use and you thereby committed an offence contrary to Section 315 of the Penal Code Act, Cap 532, Laws of the Federal Capital Territory of Nigeria 2007 and punishable under the same section.”
Ishaku is the second Taraba State former Governor to face trial for corrupt practices.
A former Governor of Taraba State, Rev. Jolly Nyame was on May 30, 2018 jailed for 14 years by the High Court of the Federal Capital Territory.
Although the sentence was reduced to 12 years by the Supreme Court, he later benefitted from a state pardon.
Ishaku is the first former governor to face trial for alleged diversion of local government funds.
Following persistent complaints by stakeholders about the handling of local government funds by the state governors, the administration of President Bola Ahmed Tinubu approached the Supreme Court on the financial autonomy of the councils as guaranteed by 1999 Constitution (As amended).
It sought direct allocation of funds from the Federation Account to all the councils.
In a landmark judgement on the issue on July 11, 2024, the apex court affirmed the financial autonomy of Nigeria’s 774 Local Government Councils.
The seven-member panel, led by Justice Mohammed Garba, unanimously upheld the application of the Federal Government to reinforce the independence of local governments in the country.
The court also rejected the position of state governments to put caretaker committees in charge of local governments instead of democratically elected local government councils.
Justice Emmanuel Agim, who delivered the lead judgement, held that the local governments should receive their allocations directly from the Accountant-General of the Federation immediately.
He described as illegal and unconstitutional the action of the governors in receiving and withholding funds allocated to local governments.
He said: “It is the position of this court that the federation can pay local governments allocations directly to the local governments or through the states. In this case, since paying them through the states has not worked, justice demands that local government allocations from the federation account should henceforth be paid directly to the local governments.”
He added: “The amount standing to the credit of local government councils must be paid by the federation to the local government councils and not by any other person or body.”
The Supreme Court proceeded to grant an injunction restraining the states from collecting funds belonging to the local government councils when no democratically elected local government councils are in place and also “an order that henceforth no state government should be paid monies standing to the credit of the local government councils” as well as “an order for immediate enforcement and compliance with these orders by the state governments and successive governments henceforth.”
