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EFCC Moves Against Dariye’s Aides, Bankers
EFCC Moves Against Dariye’s Aides, Bankers, 12.06.2004
Corruption
The Economic and Financial Crimes Commission (EFCC) will anytime from this morning arraign in court close aides of Plateau State Governor, Joshua Dariye as well as present and past executives of All States Trust Bank, his bankers, for aiding and abetting “mind-blowing” corruption. THISDAY gathered that the EFCC decided to move against top officials of the Plateau State government and executives of All States Bank who cases of financial were indicted in investigations into misdeeds by the governor because the said officials unlike the governor do not enjoy constitutional immunity from arrest and trial. Section 308 of the constitution protects the president, his deputy, governors and their deputies from arrest and trial. It is believed that among top government officials who may have to answer questions on the issue are the accountant general of the state and the Government House accountant. A number of the governors aides and other government officials who have been intrrogated and released by the EFCC are said to have gone underground. All States Trust Bank executives are said to have been indicted over the diversion of federal revenue allocattion to Plateau State into private accounts believed to be owned and controlled by Dariye. In one such instance of the diversion of Plateau State fund into private account, about N800m which is the entire proceed of the federal allocation was cleared directly from the federation account into a private account belonging to Petman Ventures from where it was redisbursed. In the redisbursement, the state government was given only N300m from the proceed. The remaining were re-allocated to various parties including Dariye himself. THISDAY checks reveal that after its investigations, the EFCC is set to charge several former and corrupt executives of All States Trust Bank who had earlier being arrested in connection with the fraud. A source close to the commission confirmed the move against the bankers and said “a banker who will see a state allocation meant for the use of a state government being paid into private accounts should ask questions and to abet such large scale fraud could result in being charged to court.” The EFCC according to a source hopes to indirectly put the governor on trial by arraigning his aides who when confronted with daunting evidence of their culpability in financial crimes will be compelled to reveal damaging information against Dariye in court. "If they are made to testify against Dariye in the open court, then the commission would have further damaged the governor's credibility and mobilise public opinion against his ability to remain in office," the source said. He added that the EFCC is set to shortly commence the trial of the aides as a way of proving to the public that President Olusegun Obasanjo's reluctance to allow Dariye return to office when the period of the state of emergency was coming to an end last month was not a personal issue but because of the international moral crisis that Dariye's continued stay as governor has created for Nigeria. The source added that the trial of the aides is expected to further put pressure on the Plateau State House of Assembly and weaken their resolve not to move against Dariye despite the report submitted to it by Attorney General of the Federation, Akin Olujinmi, detailing the governor's financial misdeeds. EFCC, another top source said, is not closing the possibility of putting Dariye on trial for his alleged misdeeds. The commission is said to be taking legal advise on the possibility that in a case of such glaring violation of other sections of the constitution, the provision of Section 308 may be set aside. “The EFCC may have to test the issue of what extent Section 308 provides immunity for a governor particularly when it is proven that he has grossly violated several other sections of the constitution. We believe it may turn out that that immunity clause does not provide a blanket cover,” the source said. EFCC Chairman, Nuhu Ribadu had given hint that the commission is not relenting on its effort to nail Dariye on allegation of financial misdeeds despite the constitutional immunity when he told newsmen in Kaduna last month that his commission will soon produce evidence of the governor's financial crimes against the state. He said the evidence which was a product of a comprehensive investigation would be a test case for the 36 state governors. "Give us time. We are coming out with complete dossier of what we have investigated (against Dariye). It is something that is going to be massivee. It is going to be a mind blowing thing," Ribadu said while canvassing that the immunity clause in the constitution should be expunged. The presidency had early last month circulated a five-page report endorsed by Olujinmi detailing allegations of financial crimes against Dariye. The report was then designed to prevent Dariye from being reinstated as the six-month emergency rule imposed on Plateau State in which all democratic structures were suspended. In a letter to Chief Audu Ogbeh, National Chairman of the Peoples Democratic Party (PDP) dated November 10, and attached to a copy of the AG's report, Obasanjo requested the PDP chairman "to bring to the attention of all the party leaders... the facts of the criminal allegations levelled by the British Government as well as the offences disclosed by the facts both in the UK and in Nigeria." "It is my view that apart from the legal and constitutional issues raised in the letter, our party has a compelling moral duty and responsibility to do all that is needful in this matter, particularly with Plateau State Assembly if it is to remain relevant, credible and to sustain its enviable position now and in the future." Olujinmi in his report titled "Allegations of Criminal Offences Against Governor Joshua Dariye," provided "facts" detailing how Dariye had been 'indicted in London in the case of illegal transfer of cash worth $11,560 in a locked brief case through one Christopher Mekwunye. Further search by the London metropolitan police showed that Dariye had been maintaining foreign account in which hundreds of thousands of pounds were lodged at various times at Barclays Bank and National Westminster Plc where he has eight pounds and dollars denominated accounts contrary to the Code of Conduct of Public Officers. An account of Dariye's encounter with the British police authorities for carrying huge amount of money in cash contrary to British laws was also stated. Also, the facts of Dariye's ownership of choice property in London, Abuja, Jos which he failed to disclose in his Assets Declaration forms in 1999 and 2003 were listed. The report noted that Dariye had allegedly committed offences of money laundering and economic crimes under British laws and violated Section 14(1) of the Money Laundering (prohbition) Act, Section 29 of the Foreign Exchange (Monitoring etc) Act 1993, Section 164 of the Penal Code in relation to False Declaration among other laws in Nigeria. However, Dariye had claimed that his arrest in London was arranged by some people in Nigeria bent on discrediting him. He also stated that before the incident he had been warned not to travel or else he would be arrested at his destination point.
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