The Court of Appeal in Abuja has denied bail pending appeal to a former Director of Finance and Administration of the Abuja Metropolitan Management Council (AMMC) under the Federal Capital Territory Administration (FCTA), Garba Dukku, who is serving a 24-year prison sentence for diverting about ₦319 million in public funds.
The appellate court held that Dukku failed to establish exceptional circumstances to justify his release pending the determination of his appeal but granted an accelerated hearing of the substantive appeal to ensure the matter is resolved without undue delay.
Dukku had approached the Court of Appeal seeking bail pending the determination of his appeal against the judgment of the Federal High Court in Abuja, which convicted him of corruption and money laundering offences and sentenced him to a cumulative prison term of 24 years.
In a ruling delivered on Thursday, the Court of Appeal held that the appellant failed to satisfy the legal threshold required for the exercise of its discretion to grant bail after conviction. The court consequently dismissed the application, reaffirming that bail pending appeal is only granted in exceptional and compelling circumstances.
The conviction stemmed from a six-count charge of corruption and money laundering brought against Dukku by the Independent Corrupt Practices and Other Related Offences Commission (ICPC) in suit number FHC/ABJ/CR/608/2022 before the Federal High Court, Abuja, presided over by Justice James Omotosho.
During the trial, the ICPC established that between 2012 and 2013, Dukku fraudulently diverted ₦318.25 million belonging to the AMMC into his personal Fidelity Bank account through multiple transactions, including deposits of ₦56.25 million, ₦71 million, ₦53 million, ₦54 million, ₦46 million and ₦36.3 million.
The anti-corruption agency further proved that the funds were subsequently transferred to Bureau de Change operators for unauthorised purposes, contrary to the intended use of the public funds.
Although Dukku maintained during the trial that the money was handed over to his superiors, the trial court rejected the defence, holding that he failed to provide credible evidence to support the claim. Justice Omotosho ruled that the prosecution had proved its case beyond reasonable doubt.
Following the conviction, the court sentenced Dukku to four years’ imprisonment on each of the six counts, bringing the total sentence to 24 years. The court also imposed an option of fine equivalent to five times the amount involved in each count, amounting to approximately ₦1.6 billion.
Reacting to the appellate court’s decision, the ICPC welcomed the refusal of the bail application, describing it as a reaffirmation of the principle that applications for bail pending appeal must be supported by exceptional and compelling circumstances.
The Commission also reiterated its commitment to the diligent prosecution of corruption cases and the protection of public resources from abuse and misappropriation, expressing confidence that the accelerated hearing ordered by the Court of Appeal would ensure the timely determination of the substantive appeal.