Joshua Dariye

After enjoying the ambience of the Economic and Financial Crimes Commission (EFCC) office for four days, former Plateau State governor, Chief Joshua Dariye, was yesterday whisked to Kuje Prisons to join his former Jigawa and Abia states counterparts, Alhaji Saminu Turaki and Chief Orji Kalu, respectively.

Also, his former Taraba State colleague, Rev. Jolly Nyame, arraigned yesterday for allegedly stealing a total sum of N1.637 billion from the state’s coffers was also refused bail. He was also taken to Kuje Prisons in the Federal Capital Territory (FCT).

Dariye moved from one court to the other yesterday asking the two courts handling separate cases on corruption charges against him to release him on bail.

But the prosecutors argued against the applications saying the former governor had a bad history of jumping bail and that he could not be trusted to return to court if released.

The court had on Monday ordered that he be remanded in EFCC custody till yesterday.

Dariye was first brought yesterday before Justice Abimbola Banjoko of the Federal Capital Territory High Court sitting in Kudu. Later in the afternoon, he was also an important guest of the Federal High Court, Maitama, Abuja to seek bail from from Justice Babs Kuewumi’s court.

In the two courts that attended to Dariye's application, same arguments were canvassed by lawyers to buttress their position.

Dariye who wore a milk colour suit had submitted through his lawyer, Conrad Joseph (SAN), that there was insufficient evidence and materials before the court to warrant his continued detention in EFCC custody.

He alleged in a letter that his relations were denied access to him, which prompted the prosecutor, Rotimi Jacob, to state that since the accused could not trust the EFCC custody, it was better for the court to remand him in prison until the court ruled on the bail application.

Counsel to Dariye had argued vehemently that it would be against the spirit of the constitution particularly Section 36 (5) of the 1999 Constitution to find the accused guilty for the speculated charge brought to court by the anti-graft agency.

According to him, the prosecution's counter affidavit was predicated on a proposed charge which could not stand against the accused regaining his freedom.

He held that the failure of the prosecution to disclose details of the offence rendered the charge a mere speculation.
EFCC, he said, was a creation of Nigerian and not British legislation and he wondered why a letter from the London Metropolitan Police alleging that the accused jumped bail in London was being made an issue in Nigeria.

He said there was no proof that the letter from the Met Police was received by EFCC and that even if it was received; there was no proof that the accused was actually arrested, detained granted bail or jumped the same bail.

He added that the record was not in Nigeria and the letter from London was not a public document in the face of law.

Jacob, in his reply to the submission, cited Section 177 of the Evidence Act which alluded to the fact that as far as Nigeria was still a Commonwealth country and operating under the same Evidence Act, information from a sister nation alleging that a citizen jumped bail was vital to prosecution.

But continuing his submission, Conrad said it was the accused that surrendered himself to EFCC and that alleging Dariye would jump bail was speculative.

He urged the court to wait for the full trial of the case to evaluate those proofs before it.

Responding to Conrad’s argument that the accused person would make himself available for trial and would not tamper with the witness, the prosecutor said the accused had on more than two occasions demonstrated the propensity to deal with the police witness, arguing that if granted bail, he would not only tamper with the witness but may also deal with him.

Jacob urged the court to take judicial notice of the treatment and assault allegedly meted on the EFCC officials who were on duty to Plateau State, saying that the weight of the evidence before the court, if looked at without evaluation, was sufficient for the court to refuse the accused bail.

He said that presumption of innocence had not removed the discretion of the court to deny bail after looking at the evidence before it, adding that if released, Dariye would repeat the same feat he performed in London.

After listening to both counsel, Justice Banjoko adjourned ruling in the application to July 30 and ordered that the accused be remanded in prison custody.

Nyame is standing trial on a 41-count charge of embezzlement of funds totaling N1.637billion.
The former Taraba governor, through his lawyer, Emmanuel Toro (SAN), said he was innocent and that no prima facie had been established against him.

He said the offence was not a capital one and that there was no reason for him to run away from trial.
He said there was nothing in the counter affidavit to justify the court denying him bail adding that he should be allowed to prepare his defence in the interest of justice, more so when, according to him, he was a first offender.

Like Dariye, Nyame also pleaded the presumption of innocence saying because he voluntarily reported himself to the EFCC; he had no reason to jump bail.

The prosecutor, however, opposed the application on the ground that it was not a simple offence that the court was invited to examine.

The senior advocate said that most of the proofs relied upon by the prosecutor were untested and that in the unlikely event of the accused jumping bail, the court had another power to revoke the bail and order his arrest.

Jacob said the basis of his fear was that the accused was still very much in control of the state apparatus because the former secretary to the government of Taraba State is now the governor, meaning that a greater influence and intimidation could be asserted on the witnesses most of whom were civil servants.

Justice Banjoko, however, adjourned ruling on the bail application till July 26, 2007. He also ordered that Nyame should be remanded in prison custody till that date.

Meanwhile, President Umaru Yar'Adua has been warned of the consequences of prosecuting some of the governors who contributed greatly towards his electoral success in the April Presidential elections, stating that the timing of the prosecution was wrong.

The group also alleged that it was wrong for the Economic and Financial Crimes Commission (EFCC) to commence the prosecution of the allegedly corrupt governors as such governors were among the states that organised huge electoral votes for the President.

In a statement signed by Chief Elvis Agukwe and Dr. Batos Nwadike as President and National Secretary of the South-east Peoples Assembly (SEPA), the duo said, “We are very much aware of the roles played by the former governors, some of who even stepped down for Mr. President and worked for his emergence as President.

"SEPA is not saying that corruption should be encouraged but the timing of this onslaught is very wrong. Moreover, Mr. President is still in the tribunal and these same people are expected to play major roles in the pending cases at the tribunal."

They further said, "Somebody somewhere is using the EFCC to cause political tension and friction in the land so as to settle personal scores. This government must be allowed to settle down to business. We all know the controversies associated with the last election."