Arc. Darius Dickson Ishaku, the immediate former governor of Taraba State, has been placed under arrest by the Economic and Financial Crimes Commission (EFCC) for allegedly embezzling more than N27 billion that was supposed to have gone to local governments.
Ishaku will go up against Bello Yero, the state’s one-time Permanent Secretary of the Bureau for Local Government and Chieftaincy Affairs.
The Federal Capital Territory’s High Court has already received 15 charges from the EFCC against the two men.
At press time, it was unclear when exactly they may be charged by the anti-graft agency. Ishaku has been under EFCC custody for the past 72 hours.
Top source, however, claimed that the EFCC was waiting for the court for a date for their arraignment.
The suspects are accused of tampering with 2.5% of contingency funds that belong to Taraba State’s Bureau of Local Government and Chieftaincy Affairs, according to the allegations prepared against them that were seen by The Nation.
“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 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,” these were some of the charges against the former governor.
The former governor and the former Permanent Secretary are accused by the EFCC of misappropriating funds intended for local government units in the state, such as the Donga, Gassol, and Gashaka Councils. The EFCC provided specifics on this accusation.
In one case, N993.1 million intended for the state’s local governments was missing.
The following are further accusations made against the former governor and permanent secretary:
“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.”
The administration of President Bola Ahmed Tinubu addressed the Supreme Court about the financial autonomy of the councils as granted by the 1999 Constitution (as amended) in response to stakeholders’ repeated concerns about how state governors handled local government monies.
In a major ruling on the matter on July 11, 2024, the supreme court upheld the financial autonomy of Nigeria’s 774 Local Government Councils. It requested the direct allocation of cash from the Federation Account to all the councils.
Under the direction of Justice Mohammed Garba, the panel of seven members unanimously affirmed the Federal Government’s application to strengthen local governments’ independence throughout the nation.
The court also dismissed the state governments’ argument that democratically elected local government councils should be replaced with caretaker committees in charge of local governments.
The lead judge, Justice Emmanuel Agim, ruled that the local governments ought to have their allotments straight from the Accountant-General of the Federation right away.
He declared the governors’ receipt and withholding of cash intended for local governments to be unlawful and unconstitutional.
He stated, “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.”
adding that: “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.”
In addition to granting “an order that henceforth no state government should be paid monies standing to the credit of the local government councils” and “an order for immediate enforcement and compliance with these orders by the state governments and successive governments henceforth,” the Supreme Court also issued an injunction prohibiting the states from collecting funds belonging to local government councils in the absence of democratically elected local government councils.
