A Former governor’s political career crashed yesterday at a prison gate.
Former Adamawa State Governor Bala James Ngilari was jailed five years for a N167.8m contract scam.

Ngilari, who was governor between October 1,2014 and May 2015, was found guilty of violating the state’s procurement laws.

Justice Nathan Musa of the Adamawa High Court did not give Ngilari an option of fine. He vowed to appeal the verdict.
He was convicted for awarding a N167.8 million contract for the supply of 25 units of Toyota Camry 2.8 to a contractor known only to the ex-governor. No other government official knows about the transaction.

The former governor was found guilty of 17 charges levelled against him by the Economic and Financial Crimes Commission (EFCC) for awarding contracts without the due process.
The ex-governor is free to choose Yola Main Prison or any prison yard in the country to serve his term.

The judge acquitted the former Secretary to the State Government, Andrew Welye; and former Commissioner for Finance Sanda Lamurde, who stood trial with the former governor on same charges .
EFCC Acting Chairman Ibrahim Magu investigated Ngilari and established a prima facie case against him.

Justice Musa delivered a 75-minute judgment in Yola, which sealed Ngilari’s fate.

Relying on Section 58 sub-section (5) of the Adamawa Bureau for Public Procurement (BPP) law, the judge said any public officer who “violates the law is liable to a minimum of five years imprisonment without an option of fine”.
He said: “Court cases are decided based on evidence before the court and not on the opinion of the counsel.

“Your (Ngilari) defence counsel has failed to prove before the court that the permanent secretary, Adamawa State Ministry of Finance, was the officer to be held responsible as the accounting officer of the ministry for the contract scam.

“From the evidence before the court and oral confessions of the second accused person (Secretary to the State Government Mr. Ibrahim Welye) to the EFCC proved before the court that the tender board headed by the permanent secretary was sidelined in the award of the contract.

”The court’s hands are tied by this law; so, I cannot do otherwise. The only thing is to give you the minimum sentence of five years, which you will serve in Yola Main Prison.”
Justice Musa read the SSG statement which was one of the exhibits: “The governor summoned me and directed me to write a memo for the purchase of vehicles for commissioners.

“When I raised the issue of due process by contacting BPP, the governor told me he was under pressure. After I raised the memo, some few days after, the governor called me that the contractor failed to supply eight vehicles out of 25.

“She supplied only 17 units of the vehicles and that I should call her.  I could not call her because I did not have her phone number.”

The judge dismissed the argument of the counsel to Ngilari that the purchase was borne out of “emergency so that the prices of the vehicles will not go up”.
The judge said Ngilari “failed to prove that he carried out a market survey on the prices of the vehicles and that the prices were increasing fast.
“Since the vehicles were not security vehicles, hiding under emergency cannot be covered by law. This defence lacks legal protection and merit.

“The former governor unlawfully awarded contract to a contractor known to him alone. His action amounted to executive rascality and lawlessness,” he said.
Justice Musa said the prosecuting counsel, Ahmad Muttaka, proved his case beyond reasonable doubt against the first accused.

He discharged and acquitted the former SSG and ex-Commissioner for Finance because they were not part of the contract.

He said the verdict was a “warning to other political office holders that the law will not respect anyone that abuses it using the powers of his office”.
“It is my hope that this conviction and sentence will serve as deterrent to serving governors.”

Although the judge said Ngilari could serve the sentence in the prison of his choice in the country, “but for now he should start with Yola Main Prison”.
The Adamawa State Commissioner for Justice and Attorney-General Mr. James Silas Sanda, who was once a key member of the EFCC staff, praised Justice Musa’s courage.

He said it was unfortunate that a former governor will be sentenced to prison and advised all political office holders to learn some lessons from the judgment.
The counsel to the convict, Mr. Samuel Toni (SAN) pleaded for leniency “in view of his (Ngilari’s) invaluable contribution while he was governor during the trying moment of insurgency.”

Before he was taken to prison, Ngilari said: “I will file an appeal against the judgement.”
The EFCC arraigned Ngilari on September 21, 2016 for violation of procurement laws in the award of contract of N167.8million to El-Yadi Motors Limited for supply of 25 units of operational vehicles (Toyota Corolla).
The EFCC had instituted a 17 count-charge against Ngilari, his former secretary to the government, Ibrahim Andrew Welye and his former Commissioner for Finance and Budget, Sanda Jonathan Lamurde.
EFCC accused them of conspiracy, lack of “No objection Certificate, No competitive bidding” and others in procurement.

There was however excitement in EFCC on the judgment of the court.
Magu and the staff were happy that the judge gave the case a speedy trial.
A source said: “It is interesting that Magu investigated the case and it is during his tenure that a conviction has been secured. This gives him and all of us a sense of personal fulfillment. It was not easy establishing the facts against Ngilari. There was pressure but Magu resisted the lure to get to the roots of the fraud.

“If you know how these politically exposed persons used to take advantage of the law to delay cases, you will share this victorious moment with us.
“For Ngilari, this is just the first case. He has an outstanding case with us on the N450million poll bribery funds allocated to the state by ex-Minister of Petroleum Resources, Mrs. Diezani Alison-Madueke.
”We had interrogated and detained Ngilari at the commission’s zonal office in Gombe. When we are ready for his trial, we will arraign him.”