The
trial of a former governor of Plateau State, Joshua Dariye, continued on June
6, 2016 with the Economic and Financial Crimes Commission, EFCC, presenting its
tenth witness, as it closed its case against him.
Dariye
is being prosecuted by the EFCC, on charges bordering on money laundering and
diversion of funds before Justice Adebukola Banjoko of the Federal Capital
Territory, FCT, High Court, Gudu, Abuja. He is alleged to have siphoned the
state’s ecological fund to the tune of N1.16 billion.
The
witness, Kawu Mohammed, an operative at the EFCC’s Asset Forfeiture and
Recovery Section, told the court that the unit, which was created in 2009, had
the task of executing court orders of interim forfeiture of assets owned by
individuals being prosecuted by the EFCC.
“Among
the court orders we received was that of Joshua Chibi Dariye, which was an
interim forfeiture order pending the determination of the charges against him,”
he said.
Identifying
the certified true copy of the court order, which were accepted as exhibit W,
by the court, Mohammed noted that out of the 11 properties on the list of
forfeited properties belonging to Dariye, 10 were in Jos, and one in Abuja.
“We
proceeded to Jos, Plateau State for inspection and we were able to trace them
but we could not take possession due to security challenges,” he said.
Explaining
further, he said: “When we went for inspection of Yelwa Club, one of the
properties, we were accosted by some people who trailed us; they came in three
motorbikes, and a Peugeot car.”
He
further added that: “There was a little drama between them and the mobile
policemen that came with me, so I ordered my men to go into the vehicle so that
we can avoid unnecessary confrontation.”
According
to him, “we were able to take over possession of the property in Abuja
belonging to him located at 14 Frederick Chiluba Close, Asokoro and it is being
managed by the assets managers of the EFCC.”
He
noted that since 2012 the agency has recovered N67 million in rent of the
property being managed by the assets managers.
Earlier
in the proceedings, prosecution counsel, Tayo Olukotun, who led Mohammed in
evidence, told the court that the prosecution had an amended charge dated May
9, 2016, which it would want the court to accept.
Defence
counsel, G. S. Pwul, SAN, had no objection to the amended charge.
Count
one of the amended charge, reads: “That you Chief Joshua Chibi Dariye on or
about 19th July, 2001 at Abuja in the Abuja Judicial Division of the High Court
of the Federal Capital Territory while being the Governor of Plateau State and
in such capacity entrusted with dominion over certain properties, to wit: the
cheque in the sum of N1,161,162,900,000 (One Billion, One Hundred and Sixty-One
Million, One Hundred and Sixty-Two Thousand Nine Hundred Naira) which you
collected from the Ecological Funds office in Abuja for and on behalf of Plateau
State Government and which sum was meant to address the ecological problems of
the state committed criminal breach of trust in respect of the said properties
when you deposited the cheque with your banker (All States Trust Bank Plc)
Abuja branch and cleared same through the said bank where you operated an
account in the name of an unregistered company (Ebenezer Retnan Ventures),
without paying the cheque into the account of Plateau State Government that it
was meant for and you thereby committed an offence punishable under Section 315
of the Penal Code Act, Cap 532, Laws of the Federation of Nigeria, 1990.”
Count
23 reads: “That you Chief Joshua Dariye on or about 19th July, 2001 at Abuja in
the Abuja Judicial Division of the High Court of the Federal Capital Teritory
while being the Governor of Plateau State and in such capacity entrusted with
dominion over certain properties to wit: Plateau State Government Ecological
Funds released by the Federal Government of Nigeria to address ecological problems
of the state, committed criminal breach of trust in respect of the said
property by diverting the sum of N250,000,000 (Two Hundred and Fifty Million
Naira) thereof into the private account of a company known as Pinnacle
Communications Limited and part of which money was used to purchase for you,
Flat 28, Regents Plaza Apartment, 8 Greville Road, London NW8 at the sum of
£395,000 (Three Hundred and Ninety Five Thousand Pounds) and you thereby
committed an offence punishable under Section 315 of the Penal Code Act Cap 532
Laws of Federation of Nigeria 1990.”
Dariye
pleaded not guilty to the 23-count amended charge, when they were read to him.
Olukotun
told the court that with the cross-examination of Mohammed, the prosecution was
closing its case.
Justice Banjoko, thereafter,
adjourned till June 10, 2016 for defence to open its case.
Wilson Uwujaren
Head, Media &
Publicity
6th June,
2016
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