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Tag: Joshua Dariye

  • Magu: Court urged to disqualify Saraki, others from confirmation hearing

    Magu: Court urged to disqualify Saraki, others from confirmation hearing

    The Federal High Court in Abuja has been asked to disqualify Senate President, Bukola Saraki and 10 other Senators being prosecuted and investigated by the Economic and Financial Crimes Commission (EFCC) from participating in the process leading to the confirmation of Ibarhim Magu as Chairman of the EFCC.

    The request formed part of prayers contained in a suit marked: FHC/ABJ/CS/102/2017 filed in Abuja on Monday by a lawyer, Raji Rasheed Oyewumi.

    Other Senators named in the suit with Saraki, as defendants, include Godswill Akpabio, Jonah Jang, Aliyu Wammako, Stella Oduah, Theodore Orji, Rabiu Kwankwanso, Ahmed Sani, Danjuma Goje, Joshua Dariye and Adamu Abdullahi.

    Also listed as defendants are the Clerk of the National Assembly, the Senate, the Attorney General of the Federation and Magu.

    The plaintiff’s contention is to the effect that, since the Senators are either being tried or investigated for economic and financial crimes in various courts and tribunals by the EFCC under the leadership of Magu, he (Magu) will not be afforded fair

    Senate President, Bukola Saraki
    Senate President, Bukola Saraki

    hearing by the Senate headed by Saraki.

     

    Oyewumi stated, in a supporting affidavit, that Saraki exhibited bias against the confirmation of Magu when he (Saraki) failed to read the letter of the Acting President, Yemi Osinbajo, seeking the confirmation of Magu, on the floor of the Senate until July 14, 2016 even when he got the letter on June 17, 2016.

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    He said, in further manifestation of their bias and conflicting interest in the nomination of the 15th defendant (Magu) the 1st defendant (Saraki) together with 2nd to 11 defendants (other named Senators) did not consider the 15th defendant’s nomination until December 15, 2016 when they rejected Magu’s nomination six months after the letter was read on the floor.

    The plaintiff said the Senators flouted the Senate Standing Orders when they acted on the letter by rejecting Magu’s nomination without first, referring Magu to the appropriate committee of the 13th defendant (Senate), an executive or closed session instead of an open session.

    He added that unlike when he recused himself from the proceedings leading to the passage of the Bill for the amendment of the Code of Conduct Bureau and Tribunal Act on October 27, 2016, because of his ongoing prosecution at the CCT, Saraki failed to recuse himself when the Senate was considering the confirmation of Magu.

    Akpabio
    Senator Godswill Akpabio

    The plaintiff identified some of the cases against the Senators, which Magu and his EFCC are currently handling.

    “The 1st defendant (Saraki) was investigated by the 15th defendant on an allegation of false declaration of assets which culminated in the 1ts defendant’s arraignment and ongoing prosecution at the CCT in charge No: CCT/ABJ/01/2015, and a prime prosecution witness in the trial, Michael Wetkas is an officer of the EFCC.

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    He said the 2nd defendant (Akpabio) was being investigated by the EFCC over the allegation of abuse of office, diversion of public funds and embezzlement in relation to a petition by a lawyer, Leo Ekpeyong.

    The plaintiff said the 3rd defendant, (Jang) was being investigated by Magu’s EFCC for allegedly awarding various contracts running into several billions of naira without due process and allegedly diverting N2billion Small and medium Scale Enterprises loan given by the Central Bank of Nigeria (CBN) during his tenure.

    The reliefs being sought by the plaintiffs are:

    *A declaration that the 1st defendant is disqualified by the Constitution of the Federal Republic of Nigeria 1999 (as amended) from presiding over or participating in the deliberation, screening and voting on the nomination of the 15th defendant for the position of Chairman of the EFCC due to the apparent conflict of interest arising from the 15th defendant’s active role in his ongoing trial at the CCT.

    *A declaration that the 2nd to 11th defendants are jointly and severally disqualified by the Constitution and the Senate Standing Order 2015 (as amended) from participating In the deliberation, screening and voting on the nomination of the 15th defendant for the position of Chairman of EFCC due to the apparent conflict of interest arising from their pending or ongoing cases of financial and economic crimes, given that the 15th defendant is coordinating and supervising the investigation into or prosecution for the said financial and economic crimes.

    *A declaration that the 1st to 13th defendants jointly and severally violated the Senate Standing Order 2015 9as amended)n when they participated in the screening, deliberation and voting on the first or earlier nomination of the 15th defendant in the 13th defendant on the 15th day of December 2016 by not declaring their pecuniary interests in view of their pending or ongoing cases of financial and economic crimes, given that the 15th defendant is coordinating and supervising the investigation into or prosecution for the said financial and economic crimes.

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    *A declaration that the first and earlier rejection of the nomination of the 15th defendant for the position of Chairman of EFCC on the 15th day of December 2016 without first referring the 15th defendant to the appropriate committee of the 13th defendant and at an executive or closed session instead of an open session, is illegal, null, void and of no effect whatsoever.

    *A declaration that the 15th defendant is entitled to be accorded fair hearing by the 1st to the 13th defendant during screening, deliberation and voting in the senate of the Federal Republic of Nigeria on his nomination for the position of Chairman of the EFCC.

    *An order of injunction restraining the 1st defendant from presiding over or participating in the screening, deliberation or voting on the nomination of the 15th defendant for the position of Chairman of the EFCC.

    *An order of injunction restraining the 2nd to 11th defendants from or participating in the screening, deliberation or voting on the nomination of the 15th defendant for the position of Chairman of the EFCC.

    The case is yet to be assigned to any judge for hearing.

  • Dariye: Ecological fund was to fund Obasanjo’s poll campaign – Witness

    Dariye: Ecological fund was to fund Obasanjo’s poll campaign – Witness

    A defence witness, Mr. Geoffrey Teme on Monday told an Federal Capital Territory High Court that the Plateau State Ecological Fund was provided to fund the election campaign of former President Olusegun Obasanjo in 2003.

    Teme, who was the Majority Leader in the Plateau House of Assembly from 2003 to 2006, said this during cross examination by the Economic and Financial Crimes Commission (EFCC) prosecution counsel, Rotimi Jacobs (SAN).

    He said the information was provided by former Plateau State Governor, Joshua Dariye, to the House Committee set up to investigate the petition filed against the governor by the EFCC.

    He said the then Deputy Senate President, Ibrahim Mantu, invited all 24 members of the House to the National Assembly in 2004.

    “We were asked to pass a vote of no-confidence on Dariye. There was a conflict as we did not see anything in the law for us to pass a vote of no-confidence against him.

    “His reason was that there was inefficiency on the part of the governor,” the News Agency of Nigeria (NAN) quoted the witness as saying to the court on Monday.

    He also told the court that upon their arrival in the state, when they were still deciding on what to do, the whole party structure was dissolved.

    “A state of emergency was declared and an interim government was formed,’’ he added.

    Teme, who was charged along with Dariye and prosecuted in Lagos with other members of the House, was later discharged.

     

  • Senate passes Public Procurement Bill

    The Senate on Thursday passed the Public Procurement Act, 2007 Amendment Bill.

    The bill, if assented to by the President, will, among other things, give priority to locally made goods in all government procurements.

    Presenting the report at plenary, the Chairman of the Procurement committee, Senator Joshua Dariye, said the essence of the bill was to provide for and adopt the local content policy.

    According to him, certain sections of the 2007 version of the Act had been amended to favour local manufacturers and ensure speedy completion of projects.

    He said, “Similarly, the issue of disposal which is an integral aspect of procurement has been aptly captured by the amendment in the new sub-clause 1(e).

    “The committee has equally sustained the amendment to section 34(1,2) sought by the bill for the purpose of patronizing made in Nigeria goods: this will go a long way to encourage our Nigerian manufacturers.

    “The amendment proposed by the bill in section 35 is to review upwards the mobilization fee from 15 per cent to 25 per cent that may be paid to a supplier or contractor. This is aimed at enhancing timely completion of procurement processes at various phases.”

    The Senate, however, approved the inclusion of Nigerian Institute of Architects and the Nigerian Institute of Quantity Surveyors as members of the National Council on Public Procurement.

  • Again, Dariye reverses self, jettisons no-case submission

    Again, Dariye reverses self, jettisons no-case submission

    Former Plateau State governor, Joshua Dariye changed his mind Tuesday in his earlier decision not to immediately enter defence in his trial before the High Court of the Federal Capital Territory (FCT), Abuja.

    Dariye, a serving Senator,  is being prosecuted before  for allegedly diverting Plateau State’s ecological fund estimated at N1.16 billion while he was a governor in the state. Dariye was Plateau governor between 1999 and 2007.

    When the prosecution announced the closure of its case closed its case on June 8 after calling 10 witnesses, Dariye’s lawyer, Garba Pwul (SAN) informed the court about his client’s readiness to conduct his defence.

    Pwul said Dariye intended to call seven witnesses.

    He changed his mind when parties returned to court on June 10 and opted to make a no case submission, following which trial judge, Justice Adebukola Banjoko adjourned to June 14.

    A no-case submission is where a defendant, in a criminal case, rather than conduct defence, argues that that prosecution failed, by its evidence, to establish a prima facie case against him to warrant his being called upon to enter defence.

    If the no-case submission succeeds, the defendant would be let off the case. But where it fails, the court will compel such a defendant to enter defence.

    When parties got to court Tuesday, Dariye’s lawyer again, changed his mind and said his client has now elected to conduct his defence and jettison the idea of a no-case submission.

    Pwul brought to the court’s attention, four witness summons he filed to compel four individuals to appear in court and testify for his client.

    The defence lawyer said he also filed a motion, which would be heard at the end of trial.

    Justice Banjoko endorsed the summons, which are to be served on the affected individuals.

    They include: Timitimi Ebibomo, whose address is given as: Plot 325A, Akin Ogunlewe Street, Victoria Island, Lagos and John Micahel Abdul of Plot 490 Nise Close, Garki II, Abuja.

    Others are Osivwem Samuel of House No.10 Road 21, Garki, Abuja and Adonye Roberts,  Ewet Housing, F Line, Opposite Police Station, Uyo, Akwa-Ibom State.

    The judge adjourned to June 17 for Dariye to open his defence.

  • Alleged N1.16b fraud: Dariye opts for no-case submission

    Alleged N1.16b fraud: Dariye opts for no-case submission

    Former Plateau State governor and serving Senator, Joshua Dariye announced a change of plans Friday in his trial for alleged N1.16 fraud, opting to make a no-case submission as against conducting defence.

    Dariye is being prosecuted before Justice Adebukola Banjoko of the High Court of the Federal Capital Territory, (FCT) in Gudu, Abuja for allegedly diverting Plateau State’s ecological fund estimated at N1.16 billion while he was a governor in the state.

    On Wednesday, the prosecution closed its case after calling 10 witnesses, following which Dariye’s lawyer, Garba Pwul (SAN) informed the court about his client’s readiness to conduct his defence.

    Pwul said Dariye intended to call seven witnesses.

    When parties got to court yesterday, Pwul announced a change of plans. He said his client has chosen to make a no-case submission.

    A no-case submission is where a defendant in a criminal case makes a submission, arguing that that prosecution failed, by its evidence, to establish a prima facie case against him to warrant him to be required to enter defence.

    If the no-case submission succeeds, the defendant would be let off the case. But where it fails, the court will compel such a defendant to enter defence.

    Pwul said: “The matter is for opening of defence, however, I am constrained to start today, as I could not get the record of proceedings of PW1, PW4, PW5 and PW9. Besides, we intend to raise a no-case submission.”

    In view of the turn of event, prosecution lawyer, Rotimi Jacobs, (SAN) expressed concerns that it was a delay tactic being employed by the defence.

    “On the last adjourned date, the prosecution closed its case and the defendant counsel said he would open his defence today.

    “It is surprising that the same counsel is now coming with the intention to delay the proceedings by requesting for the record of proceeding just yesterday, and now coming with a no-case submission,” Jacobs said.

    Jacobs contended that the action of the defence, was “against the spirit of Section 396 of the Administration of Criminal Justice Act 2015”.

    Justice Banjoko, however adjourned to June 14, 2016 at 12 noon “for arguments on no-case submission by the defence”.

     

  • How Dariye jumped bail in London

    How Dariye jumped bail in London

    For the first since former Plateau State governor, Joshua Dariye was reported to have jumped bail in London about 12 years ago, a British detective who apprehended the ex-governor for money laundering in the United Kingdom, was in Abuja Monday to give details of how the incident occurred.

    Peter Clerk, a detective with the London Metropolitan Police, who testified as a witness in the trial of Dariye before the High Court of the Federal Capital territory (FCT) explained how Dariye jumped bail in London in 2004 while still serving as a governor.

    Clerk, now retired, said the warrant issued by a London court for Dariye’s arrest was still valid today and that the ex-governor would be arrested anytime the United Kingdom authorities felt the need.

    Dariye, who was Plateau governor between 1999 and 2007, and now senator representing Plateau Central, is being prosecuted by the Economic and Financial Crimes Commission on 23 counts of diversion of the N1.61bn ecological fund meant for land reclamation and flood chanelisation works at Bokkos part of the state.

    The witness, who also gave details of how Dariye was arrested with a lady – Christabel Bentu – in a hotel in London in 2004, said the ex-governor opened nine accounts in Barclays Bank, London in 1995, and told the bank he (Dariye) was a Manager with Benue Cement.

    Clerk, who said he retired in 2015, told the court that his investigation of Dariye was informed by the arrest of some of his associates, who claimed he (Dariye) owned some of the cash found on them.

    Led in evidence by lead prosecution lawyer, Rotimi Jacobs (SAN), Clerk, who was the 9th prosecution witness, denied the defence’s insinuation that he came to testify in the case in Nigeria because of his anger against Dariye over his refusal to return to London after he was granted bail.

    “On September 28, 2004 we were informed that Mr. Dariye was in London in a hotel. I went there with two other officers. When we got there, I informed him that we were investigating his accounts and we arrested him and informed him, under caution that we believe that the money in relation to money laundering. He said nothing.

    “We further informed him that we will search the hotel room. We went to 1220 room and found Christabel Bentu and searched same and found 50,000 pounds cash. She said was arrested for suspicious money laundering. She said she is his Personal Assistant.

    “We searched Mr. Dariye’s hotel room and found 43,000 pounds cash and other denominations and currencies. Christabel Bentu was taken to West Central Police Station, while Dariye was taken to another police station and he was interviewed by me for about 2 hours.

    “In September 2004, I looked at Mr. Dariye in the eye and said to him, I know you are a very religious man. I asked him, will you come back on September 14, 2004? He said yes, he will, but failed to show up. Bentu also failed to show up.

    “Immediately, we made an application for his arrest in Landon. The warrant is still valid till today. It was circulated in all computers that Dariye was wanted. If I had the evidence given to me in December 2004 by EFCC in Nigeria, Dariye would have been charged in London.

    “We did not ask for his extradition because we knew he had immunity from prosecution as a serving governor. So we did not pursue extradition. When he left office in May 2007, the EFCC arrested him and started their proceedings. We did not interfere with that proceeding, because we know that domestic proceedings will take precedent,” Clerk said.

    The witness also told the court how Dariye allegedly bought property in London, using a proxy.

    He also told the court that Dariye opened nine accounts in Barclays Bank in 1995, but with little activities until May 1999 when Dariye became governor.

    “The money that was paid by this company (Pinnacle Communications Limited) amounted to 395,000pounds for the property at No: 28 Regent Plaza Apartment, 8 Grevile Road, London, NW8.

    “Barclays Bank confirmed that Pinnacle Communications had an account with their branch in North West. One Lucky Omorhuwa, his driver was arrested by me. The driver said, prior to the day of the purchase, he drove Dariye and Lucky Omorhuwa to purchase the apartment.

    “Lucky was arrested and he admitted that he purchased the property for Dariye and that he was given naira equivalent in Nigeria.

    “From examining Mr. Dariye’s account, we discovered that he travelled all over the world, from his passport, we saw stamps from several countries. We found seven pairs of shoes, which cost 700pounds per pair. He paid Euro7, 000 for a pen. He purchased a lot of things in high luxurious stores.

    Under cross-examination by Dariye’s lawyer, Garba Pwul (SAN), the witness said “I’m here on my own free will. I started the investigation of the case in January 2004 in London. So, as a good police officer, I was interested in seeking to the end of the case I started. That was why I came.”

    Clerk, who confirmed that he earlier testified some years before an investigative committee in Jos, Plateau State, explained that he did not complete his evidence before the investigating Committee in Jos because the defence was playing games.

    “They would not ask me questions on the evidence. They had three days to cross examine me. They had ample opportunity to have asked me all they wanted. But they were playing game and were concerned about the admissibility of the evidence,” he said.

    He admitted that the evidence he gave actually led to Dariye’s impeachment.

    He also acknowledged that the Court of Appeal and Supreme Court set aside the impeachment.

    On whether he knew the Court of Appeal and Supreme Court set aside the impeachment because he did not complete his evidence, he said the defence had sufficient to have concluded cross-examining him.

    On whether it was not the same issue that played out, since he also refused to return to London, said he did not sign an undertaking, but that Dariye signed an undertaking.

    “He broke the law in London by not coming back. He signed an undertaking to return but he refused to return. Mr. Dariye knows he is wanted in London. That is why he has not returned to London. Since 2004 and now, 2016, he has not returned to the UK. Before then, he used to frequent London every now and then.”

    On Pwul’s claim that he was motivated to testify before the court by the anger he bore against Dariye, the witness said “In my career, there are many people, who have refused to return after being granted bail. You do not get angry, you get used to it. I was used to it.”

    The witness said he attended the court today because of the invitation from the Economic and Financial Crimes Commission (EFCC). he told the court that he trip to Nigeria, accommodation and all other expenses have been taken care of by the National Crime Agency  of the UK and the British High Commission in Nigeria.

    Clerk ended his testimony Monday, following which the trial judge, Justice Adebukola Banjoko adjourned to June 6 for continuation of trial.

     

  • Dariye diverted Plateau’s N1.162b meant for land reclamation – Witness

    Dariye diverted Plateau’s N1.162b meant for land reclamation – Witness

    A High Court of the Federal Capital Territory (FCT) in Gudu, Abuja was told Wednesday that the N1.161,162,900 allegedly diverted by former Plateau State governor, Joshua Chibi Dariye was meant for land reclamation in the state.

    A prosecution witness, James Olanrewaju Adewesu, who testified at the trial of Dariye Wednesday, told that court that Dariye applied to the Ecological Fund Office in 2001 for N3, 197,000,000.00 but got N1, 161,162,900.

    The witness, an Assistant Director in the Federal Ministry of Finance, said the decision about whether or not a request for assistance to Ecological Fund Office would be granted was dependent on the Vice President and the Minister of Special Duties.

    Led in evidence by prosecution lawyer, Rotimi Jacobs (SAN) the witness said, as at the time when the funds were released to Dariye, Alhaji Atiku Abubakar was the Vice President, while Yomi Edu was the Minister for Special Duties.

    Adewesu said the approval for the release of N1.162b to Dariye was given by the then Vice President and Minister for Special Duties.

    “As the Principal Accountant, I was in charge of the Central Pay Office. I will go through the voucher and all attached documents to ensure that the payment has been approved.

    “Once I am convinced that the payment has been approved, I will pass it to the cheque Writer to write the payment.

    “Plateau State Government in 2001, had an approval for payment in the Ecological Fund Office to the tune of N1b plus. I was one of the signatories that signed the cheque. The second man that signed in the second category was Mr Topah Ukanah. He is late now.

    “In the minute of approval sent to us, the Permanent Secretary told us the the Plateau State governor was waiting in his office to collect the cheque.

    “After the signing, I took the cheque to Central Bank of Nigeria (CBN) for confirmation. When I returned from the CBN after the confirmation, I received a telephone call from the office of the Permanent  Secretary, Ecological Fund Office, that I should come with the cheque and our delivery register to his office for the release of the cheque to the governor.

    “On getting to the office of the Permanent Secretary, I met the then governor of Plateau State in the office of the Permanent Secretary. And one of the aides to the governor signed our delivery register and I released the cheque to him.

    “The Permanent Secretary who I related within the Ecological Frund Office was Dr. K Nkoma, while the governor who came for the cheque was Chief Joshua Dariye. It was this case that led to Dr. Nkoma’s sack from the service.

    “Aside the defendant (Dariye), no other governor has ever come on his own to collect cheques issued in favour of his state.

    “The Minister of Special Duties approved the N1.161, 162,900 on July 12, 2001. The approval was given by the Minister of Special Duties on July 12, 2001, the cheque was written the same day, the cheque was confirmed on the same day, I released the cheque to the governor the same day.

    “The normal process is for the name of the person assigned by the benefiting state to collect it to be sent to the Perm Secretary, Ecological Fund Office, who minutes the name on the approved letter and send to the Central Pay Office for collection.

    “The cheque was written in the name of Plateau State Govt. The cheque was supposed to be paid into Plateau State govt’s account.

    “After I released the cheque to the governor, I did not know what happened to the cheque later,” the witness said.

    Adewesu identified the person, who signed for the cheque, on behalf of the Plateau State as Victor Delang, described as one of Dariye’s aides while he was governor.

    On cross -examination by defence lawyer, Garba Pwul (SAN), the Witness insisted that the decision to approve any request for ecological fund rested with the Vice President and the Minister of Special Duties.

    On whether the discretion to approve any amount was solely with the VP and Minister of Special Duties, the witness said the operation of the fund was not within his knowledge.

    On whether the Permanent Secretary was still in service, the witness said “I heard that because of this cheque, Dr. K. Nkoma had a problem and since then, I did not see him again.”

    On Tuesday, a prosecution witness told the court how Dariye allegedly shared the N1.162b.

    The witness, Musa Sunday, an investigator with the Economic and Financial Crimes Commission (EFCC), said investigation revealed that Dariye gave N1000m to a company owned by Atiku Abubakar – Marine Float; N100m to PDP South-West, which was alleged received by Yomi Edu and N80m, which Dariye allegedly paid to Nkoma, through an account in the name of Union Homes Saving and Loan.

    Trial judge, Justice Adebukola Banjoko adjourned further proceedings 12noon Thursday.

  • How Dariye shared looted Plateau State’s N1.162b – Witness

    How Dariye shared looted Plateau State’s N1.162b – Witness

    Four about three hours Tuesday, a witness in the trial of former Plateau State governor, Joshua Dairye gave details of how he allegedly shared to political associates the sum of N1.162billion he obtained from the Ecological Fund in the name of the state.

    Reeling out names and figures from documents submitted to the court, including Dariye’s statement made to the Economic and Financial Crimes Commission (EFCC), the witness, Musa Sunday explained how Dariye allegedly shared the N1.162b he obtained in 2004 as a governor.

    Dariye, who served between 1999 and 2007, is being prosecuted for allegedly diverting Plateau State’s funds while in office as governor.

    Sunday, an investigator with the EFCC was cross-examined by Dariye’s lawyer, Garba Pwul (SAN).

    He said investigations by his team of investigators assigned to the Dariye case, revealed that the ex-governor gave N100m  to former Vice President, Atiku Abubakar, who was then the coordinator of the Ecological Fund; N100m to South-West PDP, which was received by then Minister of Special Duties, Yomi Edu, N80m to then permanent Secretary of the Ecological Fund  agency in the Presidency, Kingsley Nkoma; N10m  to former Deputy Senate President, Ibrahim Mantu, N6.8m to PDP Plateau State and N66m to 274 PDP wards in the state.

    Sunday, who is the first prosecution witness, read out where Dariye confirmed the distribution of the money among his political associates in a statement he wrote to the EFCC in July 2007.

    “The Ecological Fund is under the Presidency, but the Office of the Vice President oversees it and Chairs the Funds activities. The Vice President at that time was Alhaji Abubakar Atiku.

    When given Dariye’s statement to read, the witness read from page 10 of the statement marked exhibit P13 (a) how Dariye gave a breakdown of how he disbursed the N1.162b received from the Ecological Fund

    The witness said Dariye informed him that gave Senator Mantu, who was then a Deputy Senate President, N10m; PDP, Plateau State, N6.8m, while N66m was distributed 274 wards of PDP in the state.

    Sunday also read from page 11 of the statement, where Dariye said the N100m given to PDP Southwest was received by Yomi Edu (then Minister for Special Duties), while the N100m paid to Marine Float Limited, was given to Vice President Atiku.

    “In the course of investigation, Marine Float was found to be a company owned by the former President, Alhaji Abubakar Atiku. As at when the money was paid, the Vice President was the Chairman of Ecological Fund,” the witness said.

    He denied knowledge whether the N100m was recovered was recovered from Atiku.

    When Pwul suggested to the witness that the then President, Olusegun Obasanjo returned to plateau State in 2004, the 100m paid to the South West PDP by Dariye, the witness denied knowledge of such development.

    He said further investigation on the issue also revealed that Dariye paid N80m to the then Permanent Secretary of the Ecological Fund, Kingsley Nkoma N80m “for facilitating the prompt release of the N162b.

    “The N80m paid in favour of Union Savings and Loan, was traced to Kingsley Nkoma, Permanent Secretary of Ecological Fund. We recovered the N80m from Nkoma, who said that was his share for facilitating the release of the money. That was the bribe he collected.

    “Investigation proved, while he was invited, that the N80m paid to him through Union Savings and Loan was bribe money paid to him by the defendant. The money was recovered from him. The N80m registered from Nkoma is registered as Exhibit and it is with the EFCC. When we invited him, Nkoma said that that was his share of the money and he was made to return it.”

    The witness reiterated his earlier claim that Dariye made his banker, All States Trust Bank (now defunct) to conceal his identity. He said their investigation revealed that the mandate card for the account allegedly operated by a firm linked to Dariye – Ebenezer Ritnan Venture – did not carry anybody’s photograph as required. He said they were able to uncover the company’s true ownership by Dariye’s signature on the mandate form.

    He said Dariye allegedly diverted his share of the N1.162b into the company’s account.

    The witness said the bank and its officials, who claimed to have granted Dariye waiver by not including his photograph in the account opening documents, have since been convicted by a Federal High Court in Kaduna for aiding fraud.

    “In the course of investigation, we found the waiver granted Dariye not to be proper, and as a result, the maker, the Account Officer, A. Awe Odesa was charged before the FHC, Kaduna. The issue of the waiver was part of the charge.”

    The trial resumes Wednesday at 12 noon.

  • How Dariye diverted Plateau ecological funds – Witness

    How Dariye diverted Plateau ecological funds – Witness

    About nine years after he was arraigned before the High Court of the Federal Capital Territory (FCT), Abuja, trial eventually opened on Monday in the money laundering case involving former Plateau State governor, Joshua Dariye.

    The prosecution called its first witness, who told the court how Dariye allegedly diverted the state’s N1.126billion Ecological Funds.
    Dariye is being tried before Justice Adebukola Banjoko of the FCT High Court.

    The witness, Musa Sunday (a detective with the Economic and Financial Crimes Commission), who was led in evidence by lead prosecution lawyer, Rotimi Jacobs (SAN), said he was involved in the investigation into how Dariye allegedly diverted the funds while serving as governor.

    He told the court how Dariye allegedly applied for the ecological fund in the name of his state in 2001, but collected the money in person and diverted it.

    Sunday said, upon receiving the cheque for the ecological fund, the ex-governor allegedly lodged the fund with his private banker, the Abuja Branch manager of All States Trust Bank Plc (now defunct), with instruction on how it should be disbursed.

    The witness said investigation by EFCC operatives revealed that the bank manager allegedly acting on Dariye’s instruction paid N100million in the name of “Peoples Democratic Party South-west” and the funds was later traced to a company – Marine Float Nigeria Limited – allegedly owned by former Vice President Atiku Abubakar.

    He said efforts to make Atiku to refund the money had so far failed.

  • Supreme Court orders Dariye to submit self for trial

    Supreme Court orders Dariye to submit self for trial

    The Supreme Court on Friday ordered a former Plateau State governor, Joshua Dariye, to submit himself for trial on corruption and money laundering charges before the High Court of the Federal Capital Territory, Abuja.

    In a unanimous judgment by a five-man bench, the apex court dismissed the former governor’s appeal for lacking in merit.

    Two members of the panel, Justices Sylvester Ngwuta (who read the lead judgment) and Chima Nweze frowned at the delay tactics adopted by Dariye to prevent his trial.

    While Ngwuta described it as a sad commentary on the nation’s fight against corruption, Nweze said the action of some members of the elite class, who see themselves as being above the law, was worrisome.

    The Economic and Financial Crimes Commission (EFCC) had in 2007 obtained the leave of an FCT High Court to prefer charges against Dariye.

    The commission subsequently filed a 23-count charge against him, and on which he was arraigned.

    He was also accused of diverting state’s funds estimated at several billions of naira, while in office.

    He pleaded not guilty to the charge, following which the trial judge, Justice Adebukola Banjoko, fixed November 13, 2007 for the commencement of trial.

    Before November 13, Dariye filed an application, challenging the competence of the charge and the jurisdiction of the court. He argued that he ought to be tried at High Court of Plateau State and not FCT.

    On December 13, 2007, the trial judge heard and dismissed Dariye’s application for lacking in merit, a decision he appealed at the Court of Appeal, Abuja and subsequently the Supreme Court.