How To End Corruption In Nigeria – Dariye

Joshua Dariye on Channels Television’s NewsNight on Monday

 

A former governor of Plateau State Joshua Dariye says “with collective will and the resolve of every Nigerian”, corruption will be ended in the country.

The ex-governor, who spoke on Channels Television’s NewsNight programme aired on Monday, said his conviction alongside a former governor of Taraba State Jolly Nyame for corruption charges has not in any way ended graft which is ubiquitous in the country.

“Dariye and Nyame were jailed. Has it ended corruption? Like I told My Lordship, you can jail me for 200 years, if that will end corruption, I will say glory be to God,” he said.

 

Dariye, who was convicted of stealing N1.16 billion while serving as Plateau governor from 1999 to 2007, was on April 14, 2022 granted pardon by the Council of State led by President Muhammadu Buhari.

He was pardoned alongside Nyame, who was equally convicted of stealing N1.6 billion and the two were released from Kuje Custodial Centre on August 8, 2022.

However, speaking on the programme, Dariye, who thanked the President for his pardon, said his imprisonment was politically motivated, arguing that some persons did worse but were spared.

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Asked how to end corruption in the country, Dariye said, “If we want to end corruption, it will not be a one-day issue; you will take corruption to cure corruption. And if you start delivering policies, let me just tell you for example: If the railway is working, without these people sabotaging, it will reduce a lot of hardship on our people, it will reduce the prices of commodities, farm produce…

“Things are not working, some people are benefitting from it, they are frustrating government measures,” he noted.

The former Senator for Plateau Central Senatorial District also said he won’t be running for any political office in 2023. “I am not running this time around, I am taking a break,” he added.

Supreme Court Affirms 10-Year Conviction Of Ex-Plateau Governor, Dariye

File photo of former Plateau State Governor, Joshua Dariye.

 

Supreme Court has affirmed the ten-year jail term slammed on a former Governor of Plateau State, Senator Joshua Dariye’s for alleged criminal breach of trust.

In a unanimous judgment delivered by Justice Helen Ogunwumiju on behalf of the five-man panel of the court, led by Justice Mary Odili, the court held that the Appeal Court was right in affirming the earlier verdict of the Court of Appeal which upheld the sentence passed on Senator DARIYE by Justice Adebukola Banjoko of an Abuja High Court.

The court however quashed the second charge of criminal misappropriation of funds preferred against the former Governor.

Senator Dariye had in his appeal, prayed the Supreme Court to upturn the November 16, 2018 judgment of the Court of Appeal, Abuja, which convicted him and sentenced him to 10 years for diverting public funds estimated at N1.162billion while he was the Governor.

Lawyer to the EFCC reacts to the judgment just as the counsel to Senator Dariye declined to speak to Journalists.

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A three-man panel of the Court of Appeal, led by Justice Stephen Adah, in its decision, upheld an earlier judgement by Justice Adebukola Banjoko of the High Court of the Federal Capital Territory (FCT), delivered on June 12, 2018

The trial court convicted Senator Dariye on 15 counts relating to the offences of criminal breach of trust and criminal misappropriation, contained in the 23-count charge on which he was tried by the Economic and Financial Crimes Commission (EFCC).

In upholding Senator Dariye’s conviction, the Court of Appeal noted that the prosecution, led by Rotimi Jacobs (SAN) effectively proved its allegation of criminal breach of trust and criminal misappropriation against the ex-governor.

The Appeal Court however faulted the trial court for convicting Dariye on counts 12 and 23, which it said the prosecution did not prove.

It also faulted the trial court for imposing the maximum sentences on both offences of criminal breach of trust and criminal misappropriation.

The Appeal Court proceeded to reduce the 14 years sentence for the offence of criminal breach of trust to 10 years and reduced the two years sentence for criminal misappropriation to one year.

Arguing the appeal before the Supreme Court on December 17 last year, Dariye’s lawyer, Kanu Agabi (SAN), a former Attorney General of the Federation (AGF), asked the court to either reverse his client’s conviction or reduce the 10-year jail term handed him by the Court of Appeal.

Mister Agabi, after adopting his written argument, prayed the court to allow his client’s appeal and set aside Dariye’s conviction and sentence.

He argued that Dariye’s conviction was speculative and urged the court to show mercy on him.

Mister Agabi added: “Here is a man sentenced to 10 years imprisonment. 10 years is more than a lifetime for some people. You should show him mercy.”

He however added that, should the court be minded to disallow the appeal and affirm the decision of the Court of Appeal, it should reduce the sentence substantially.

Lawyer to the respondent, Rotimi Jacobs (SAN) countered and urged the court to dismiss the appeal and uphold the concurrent findings of the two lower courts.

Jacobs contended that a public servant was not better than the common man in the eyes of the law.

He added: “As for the sentence passed, it has been reduced to 10 years. That he (the appellant) is a public servant does not mean he should go free.”

 

Top 3 Most Significant Convictions Secured By EFCC In 2018

 

The Economic and Financial Crimes Commission, EFCC said it secured a total of 312 convictions between January and December 24, 2018.

According to the anti-corruption agency, the record of convictions was a significant improvement from the 189 convictions recorded in 2017.

There were some high profile convictions recorded by the EFCC in 2018, the anti-graft body listed three of the biggest and here they are below.

  1. Jolly Nyame

A former governor of Taraba State currently serving a 12-year jail term at the Kuje Prison, with a fine of N495 million.

  1. Joshua Dariye

A serving Senator and a former governor of Plateau state who is also serving jail terms at Kuje Prison.

  1. Joseph Nwobike

A Senior Advocate of Nigeria who has been stripped of the highly revered legal title. He was convicted for perverting the course of justice.

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Dariye and Nyame, who were sentenced to 14 years in prison had approached the Court of Appeal to challenge the “guilty” verdict handed down on them by a Federal Capital Territory High Court, Gudu presided over by Justice Adebukola Banjoko.

However, while upholding their convictions, the Appellate Court commuted Dariye’s jail term to 10 years, and that of Nyame to 12 years.

With the convictions, the EFCC, led by Ibrahim Magu as the acting Chairman, has remained consistent in its concerted efforts aimed at ensuring that the negative narrative of pervasive corruption in the system is changed for the better, and the perception that some persons are above the Law is altered.

The record of convictions cuts across the various offices of the EFCC with Lagos securing 85 convictions, Abuja with 53, followed by Kano with 36. Port Harcourt secured 33 convictions, Gombe recorded 28; Benin had 27; Enugu, 15; Maiduguri, 11; Ibadan, 10; Uyo, 8, and Kaduna, 6.

SERAP Asks Court To Stop Payment Of Dariye’s ‘N14.2m Monthly Salary’

SERAP logo                                                                Senator Joshua Dariye

 

The Socio-Economic Rights and Accountability Project (SERAP) has asked the Federal High Court in Lagos to stop the continued payment of N14.2 million salary by the National Assembly to Senator Joshua Dariye.

Dariye who is a former governor of Plateau State is currently serving a 10-year jail term at the Kije Prison in Abuja for embezzling N1.1bn ecological funds belonging to Plateau State while in office.

In a statement on Sunday by SERAP’s Senior Legal Adviser, Ms Bamisope Adeyanju, the organisation says the payment of the lawmaker’s salary while in prison for corruption violates the law.

“This action undermines the rule of law and is a great moral failure because it sends a message that corruption pays—it’s the opposite of Nigerian Constitutional principles and international obligations,” Adeyanju said.

SERAP in the suit number FHC/L/CS/2146/18 filed last Friday accused the Senate President, Senator Bukola Saraki and the National Assembly Service Commission of attempting to override Nigerian law and the judgment.

It said, “By paying Mr Dariye’s allowances while in prison, Mr Saraki and the National Assembly Service Commission have destroyed the efficacy and purpose of Mr Dariye’s conviction and have brought the rule of law and administration of justice into disrepute.

“SERAP and the public are alarmed by the action of Mr Saraki and the National Assembly Service Commission and they ought to be restrained by this Honourable Court.”

The anti-corruption group appealed to the court to compel the Senate President and NASS Service Commission to immediately stop the payment of the convicted lawmaker.

To SERAP, “restraining them would send a clear message to Nigerian elected officials that corruption does not pay and contribute to promoting accountability and fostering public trust and confidence in Nigeria’s democracy, the rule of law and the governance system.”

Appeal Court Reduces Dariye’s Jail Term To 10 Years

The Court of Appeal in Abuja has reduced the jail term of the former governor of Plateau State, Joshua Dariye from 14 years to 10 years.

The court, on Friday, held that the maximum sentence of 14 years for the counts was excessive especially because the appellant is a first-time offender

Justice Stephen Adah who read the unanimous judgment of the three-man panel also quashed the sentence in count 12.

According to the panel, the lower court which had earlier found Dariye not guilty for the charge should not have sentenced him on the charge.

RELATED: 14 Years Imprisonment: Former Govs Nyame, Dariye To Know Fate Today

The court also quashed count 23 because the persecution did not prove beyond reasonable doubt that the former governor diverted the funds of the state to purchase a house in London.

The court, therefore, reduced the sentences to 10 years for each count which is to run concurrently.

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 former governor Joshua 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 running to over N2billion.

Nyame, Dariye’s Convictions Show We’re Not Biased – EFCC

Nyame, Dariye’s Convictions Show We’re Not Biased – EFCC
File photo

 

The Economic and Financial Crimes Commission (EFCC) says it has been vindicated by the convictions of two former governors and prominent members of the ruling All Progressives Congress (APC), Jolly Nyame and Joshua Dariye, by a Federal Capital Territory High Court.

Spokesman for the anti-graft agency, Wilson Uwujaren, said in a statement on Wednesday that the court judgements have proven the critics of the EFCC wrong that it is lukewarm in prosecuting APC chieftains for corruption.

File photo: Jolly Nyame

 

Nyame and Dariye, both former two-term governors of Taraba and Plateau states respectively, were convicted and sentenced to 14 years in prison on corruption charges.

While Nyame was convicted of criminal misappropriation, diversion of public funds, and breach of public trust, Dariye was sentenced for criminal breach of trust and misappropriation of public funds.

In the course of Nyame’s trial, the prosecution called 14 witnesses and presented documentary evidence, which among other things, revealed that the N250 million was shared and never utilised for the purpose for which it was approved.

A total of N180 million was diverted to the bank account of Salman Global Ventures Limited, which provided no services for the state.

On his part, Dariye diverted about N1.16 billion Ecological Fund meant for the state, to his personal use, including transferring monies to Ebenezer Retnan Ventures (an unregistered company reportedly managed by him) and Pinnacle Communications Limited.

In proving its case against Dariye, the EFCC called 10 witnesses, including a detective constable with the UK Metropolitan Police in London, Peter Clark, who investigated Dariye in the UK for money laundering offence.

File photo: Joshua Dariye

 

Both trials had been ongoing for 11 years and towards the end of the proceedings, the two convicts changed their political camps, moving from the opposition Peoples Democratic Party (PDP) to the ruling APC.

According to the anti-graft agency, Dariye who won election into the Senate on the platform of the PDP decamped to the APC at a critical phase of his trial, when the prosecution had called all its vital witnesses and conviction appeared imminent.

Not surprisingly, this fueled speculation that the gambit was a calculated move to stave off imminent conviction but rather than slow proceedings, his trial accelerated, forcing the defence to close its case and setting the stage for the judgment of June 12.

The EFCC revealed further that a former Accountant General of Kebbi State and member of the APC, Mohammed Dakingari, was convicted of corruption and sentenced to 70 years in prison.

They noted, however, that former governor of Abia state, Orji Uzor Kalu, is still being prosecuted in court by despite crossing over to the APC.

“Indeed, the Commission has closed its case in that matter after calling several witnesses. But rather than open his defence, Kalu elected to file a ‘no case submission’.

“It will be up to the court to determine whether the Commission has presented enough evidence to warrant him to enter his defence,” the statement read.

Alleged Corruption: EFCC Says Defecting To APC Won’t Stop Orji Kalu’s Case
File photo: Orji Kalu

 

Referring to the cases listed above, the anti-corruption agency maintained that it is apolitical and not bothered by the political colours and affiliations of crime suspects.

“Rather than entertain idle gossips who thrive on haranguing the EFCC with charges of selectivity, these two recent convictions offer Nigerians the opportunity to better appreciate the efforts and sacrifices of the Commission, given the enormous resources in cash and man-hours that went into proving the cases against the two former governors, both of which went up to the Supreme Court on preliminary issues.

“Particularly in the case of Dariye, one of the witnesses, Peter Clark, a former detective of the Metropolitan Police, came several times to give evidence only for proceedings to be frustrated with forced adjournments by Dariye’s Lawyers. His passage from the UK to Nigeria and back was at the expense of Nigeria taxpayers,” the statement added.

EFCC Arraigns Dariye’s Son For Money Laundering

EFCC Arraigns Dariye’s Son For Money Laundering
File photo

 

The Economic and Financial Crimes Commission (EFCC) has arraigned Nanle Miracle Dariye, son of former Plateau State Governor, Joshua Dariye, before Justice Ijeoma Ojukwu of the Federal High Court, Abuja.

Dariye was arraigned by the anti-graft agency on Tuesday on six counts of money laundering to the tune of N1.5billion.

He was charged alongside Apartment le Paradis, a hotel where he was a director.

EFCC claimed that the defendant, sometime in 2013, failed to report a cash transaction to the tune of N1.5billion which he received through the hotel’s account in one of the old generation banks.

The amount, according to them, is above the threshold of the N10million permissible by law. Additionally, the hotel was also not registered as Designated Non-Financial Institution, DNFI.

The offence is in contravention of Section 5(1) (a) of the Money Laundering Prohibition Act, 2011 as amended and punishable under Section 5 (b) of the same Act.

Count two of the charge reads: “That you, Nanle Miracle Dariye, while being a director of Apartment le Paradis Limited and Apartment le Paradis Limited on 28th day of March 2013 in Abuja, within the jurisdiction of this honorable court did commit an offence to wit: Failure to report within seven days, a cash transaction in the sum of N551,555,428.50 paid to Apartment le Paradis Limited by BGL Securities Ltd vide your First Bank Plc Account No 2014165731 on 28th day of March 2013, which is above the threshold of N10,000,000; and you hereby committed an offence contrary to Section 10(1) of the Money Laundering (Prohibition) Act, 2011 as amended and punishable under Section 10 (3) of the same Act”.

The defendant, however, pleaded not guilty to the charge when they were read to him.

In view of his plea, counsel to the EFCC, George Adebola, asked the court to fix a date for trial and for the defendant to be remanded in prison custody.

But Dariye’s counsel Charles Abalaka pleaded that he was yet to file an application for bail as he was served with the charge late on Monday.

He then urged the court to admit his client to bail, while presenting two sureties – Mr Amana Yusuf, a Grade Level 12 civil servant working with Ministry of Defence, and one Mrs Rose, a Grade Level 13 officer working in the Office of the Head of Service in Abuja.

Justice Ojukwu admitted the defendant to bail in the sum of N5million with two sureties in like sum.

He also stated that the sureties must be resident of Abuja and must provide tax evidences for 2015, 2016 and 2017.

The judge, thereafter, adjourned till April 10 -12, 2018 for the commencement of trial.

“The defendant is to be remanded in EFCC custody pending the fulfillment of the bail conditions”, he said in a statement by the EFCC spokesman, Mr Wilson Uwujaren.

Plateau Politics: Deputy Speaker Dumps PDP For APC

APC, PDP, Plateau Politics, Deputy SpeakerPolitical calculations in the Plateau State House Of Assembly has been distorted following the defection of Deputy Speaker, Yusuf Gagdi alongside the Minority Whip, Na’amlong Daniel from the Peoples Democratic Party (PDP) to the ruling All Progressives Congress (APC) in the state.

The latest movement of the PDP legislators to the ruling party has put the APC in firm control with the majority of 13 to 8 which was occupied by the PDP at the beginning of the 8th Assembly.

Announcing their decisions at the plenary session of the House, Deputy Speaker, Yusuf Gagdi, representing Kantana constituency and Minority Whip, Na’amlong Daniel, representing Mikang constituency stated that the current leadership tussle rocking the PDP informed their decisions to move to the ruling party in the state.

They explained that this is to enable them offer better representation to their constituencies at the legislative chamber.

The PDP in the state has since reacted to the defection of the duo.

The Public Relations Officer, John Akans, condemned their action, describing it as unconstitutional and “unacceptable” as the party will exhaust all constitutional means to reclaim its mandate.

The latest defection of the two legislators is the third in the series, following the defection of former Governor of Plateau state and senator representing Plateau central at the Senate, Joshua Dariye from PDP to the APC.

Ex-Governor Joshua Dariye To Face Trial

dariyeThe Supreme Court has dismissed an interlocutory appeal filed by former Plateau State Governor, Senator Joshua Dariye, challenging the corruption charges leveled against him since 2007 by the Economic and Financial Crimes Commission (EFCC).

Mr Dariye was arraigned by the EFCC on July 13, 2007 on a 23-count charge bordering on money laundering and other corruption charges alleged to have belonged to the Plateau State Government.

‎Dariye argued that the Federal Capital Territory (FCT) High Court lacked jurisdiction to hear the case on the alleged offenses involving funds belonging to the Plateau State Government.

Unmeritorious Appeal

The former governor thus argued that he ought to have been tried in Jos and urged the court to quash the entire 23 counts against him.

However, the Supreme Court said Dariye’s appeal was “unmeritorious,” saying the Court of Appeal was right to have affirmed the ruling of the FCT High Court which had dismissed his notice of preliminary objection.

A five-man panel led by Justice Sylvester Ngwuta, said the scenario played out in the suit was ‎a “sad commentary on the country’s anti -graft war”.

The Judges then ordered Dariye to return to the FCT High Court in Gudu, Abuja, to face his trial.

The EFCC accused the former governor of diversion of about 1.2 billion Naira of the state’s ecological funds into the account of Ebenezer Ratnen Venture, which is alleged to be one of the companies through which he allegedly siphoned the public funds.

400L Plateau State University Students Protest Non Accreditation Of Courses

Plataeu State UniStudents of Plateau State University have staged a protest to express their concern over non-accreditation of courses at the University since its inception about eight years ago.

The protesting students who carried placards round the university prevented their colleagues in 100 to 300 levels from sitting for their examinations as part of their protest. They also prevented the acting Vice Chancellor from entering the school.

The administration of former governor of Plateau state, Joshua Dariye had established the state university about nine years ago with the mind of providing quality education as well as complimenting the University of Jos in admission of students from its catchment areas.

High hopes heralded the birth of the ivory tower which took off from its permanent site and offered courses in arts, environmental sciences, management sciences, natural and applied sciences as well as social sciences.

However, eight years after its establishment, non of the courses are yet to be accredited by relevant authority.

Professor John Wade was appointed the pioneer Vice Chancellor in 2005 and the school further produced three other Vice Chancellors within nine years. However, none of the students who have passed through the institution have graduated.

A situation that has been berated the academic staff forum led by its chairman, Gilbert Yalmi.

In a bid to placate the students, acting Vice Chancellor, Professor Stephen Malo assured them that the process of accreditation is being vigorously pursued by the institution.

It is still unclear what the fate of the 400 level students of the Plateau State University that will be writing their final examination will be when their courses are yet to be accredited by the relevant authority.

PDP Member Uncovers Plot To Impeach Governor Amaechi

A public affairs analyst and a member of the ruling People’s Democratic Party, Phrank Shuaibu, has said that there is a ‘grand design’ by the party to impeach Governor Chibuike Amaechi of Rivers state ‘the same way they did to (former Governor) Dariye’.

The National Working Committee (NWC) of the PDP, on Monday, suspended Governor Amaechi, as a member of the party over the crisis rocking the state chapter of the party.

While speaking on Channels Television’s breakfast programme, Sunrise Daily, he described the party’s decision to suspend Governor Chibuike Amaechi of Rivers State as ‘reckless’, alleging that the party is acting out a prepared ‘script’.

Mr Shuaibu also disclosed that the embattled governor was not given fair hearing before being suspended because he could not fulfill a request by the leadership of the party.

Former Governor of Plateau State, Joshua Dariye was impeached in 2006 after being accused of corruption.

FG, Delta State Battle Over Ibori $15m Cash Ownership

The stage appears set for a fierce legal battle between the Federal and Delta state governments over the $15 million bribe allegedly recovered from the former governor of Delta state Mr.  James Ibori.

Delta state government has formally come out to lay claim to ownership of the money and is seeking for a Federal High Court order to release the said money to its treasury.

The money was said to have been offered as bribe by Ibori in 2007 to the former chairman of the Economic and Financial Crimes Commission, Mr. Nuhu Ribadu to compromise the probe of a fraud allegation against Ibori.

However, following the denial by Ibori that he did not offer the bribe, the money had since 2007 been kept in the custody of the Central Bank of Nigeria for safe keep.

In an application filed by the Delta state Attorney General and Commissioner for Justice, Charles Ajuyah, at the Federal High Court in Abuja, claimed that the money legitimately belonged to the Delta state government and that the court should order its return to its treasury since the money in dispute was allegedly offered by Ibori while he was in office as governor of the state.

In a 35-point affidavit in support of the application, Delta state asserted that Ibori was a governor of the state between May 29, 1999 and May 29, 2007, the period the money in dispute was allegedly offered by Ibori and on that basis, the state said that the $15 million is the exclusive property of the state and  it is entitled to collect it as the bona fide owner.

The affidavit averred that any denial by Ibori in respect of the money cannot affect entitlement of the state to the amount.

The affidavit also indicated that the state did not formally apply for payment of the money in view of the pending appeals to the Supreme Court and the Court of Appeal because it did not want to prejudice the appeal cases.

It further claimed that all monies, assets and properties recovered from Mr. Joshua Dariye, former governor of Plateau state were returned to Plateau state just like those recovered from Diepreye Alamieyesigha of Bayelsa were returned to Bayelsa state.

With this precedence, there should be no legal basis to treat the case of Delta state any different from others and that it is in the interest of justice that the money should be released to Delta.

The Delta state government says the money, if released to the state, will enhance the developmental projects in the state.

The application would be argued before Justice Gabriel Kolawole on September 17, when the federal government’s motion on the same issue would come up for further hearing on who should be the rightful owner of the controversial money.

The Federal Government had on July 24, at a Federal High Court in Abuja obtained an interim order that the money be forfeited to it pending the time anyone who may lay bona fide claim shows cause of legitimate ownership at the court.