An Appeal Court seated in Abuja on Friday said while the conviction was right, the former governor should have been jailed for 10 years.
The court thereby ruled that the sentence be reduced from 14 years to 10 years for criminal breach of trust while a similar conviction for diversion of N1. 62 billion ecological funds was reduced from two years to one year. The sentences are to run concurrently, like the previous judgment in June, meaning Mr Dariye has now been effectively jailed 10 years.
The appeal court ruled that the lower court erred in law when it sentenced Joshua Dariye, a first-time offender, to the maximum 14 years term contained in the charge against him.
According to the court, the sentence was handed down in the season of the Administration of Criminal Justice Act which does not allow maximum sentence for first-time offenders.
It would be recalled that High Court of the Federal Capital Territory, Gudu, Abuja, presided by Justice Adebukola Banjoko on Tuesday, June 12, 2018 sentenced Mr Dariye who was a serving senator to 14 years’ imprisonment on charges of criminal breach of trust and criminal appropriation of the state’s funds.
The ex-governor was convicted on 15 out the 23 counts preferred against him in July 2007.