Buhari’s genius sets convicted treasury emptiers free to continue stealing
By Jeph Ajobaju, Chief Copy Editor
Joshua Dariye, one of the convicted thieves Muhammadu Buhari pardoned on 14 April, may get back the N500 million mansion a court ordered him to forfeit last month because he acquired it from the proceeds of corruption.
Buhari granted the former Plateau Governor pardon together with former Taraba Governor Jolly Nyame and 157 others at a meeting of the National Council of State (NCS) in the Villa.
Dariye and Nyame were both convicted in 2018 by Justice Adebukola Banjoko of the Federal Capital Territory High Court, Abuja.
Dariye governed Plateau from 1999 to 2007. He was found guilty of laundering N1.12 billion public funds and sentenced to 14 years in prison.
His prison term was reduced to 10 years by the Court of Appeal in Abuja but his conviction was affirmed by the Supreme Court in March 2021.
Nyame governed Taraba from 1999 to 2007. He was sentenced to 14 years in prison for stealing N1.64 billion from the treasury, a judgment also upheld by the Supreme Court in February 2020.
After the Supreme Court affirmed Dariye’s conviction, the Economic and Financial Crimes Commission (EFCC) approached an Abuja Federal High Court seeking the final forfeiture of the mansion because it is the proceed of crime.
The property, located at 19 Frederick Chiluba Close, sits on over 2,000 square metres in upscale Asokoro and in the middle of several Governors’ Lodges.
“That property cannot be worth less than N500 million. The truth is that now that Dariye has been pardoned, it means the crime never occurred in the eyes of the law,” a source in the EFCC said.
“That means the property may not be recovered from him. At this point, we don’t even know what will happen to the forfeiture case.
“It will now depend on the Attorney General of the Federation to determine how to enforce the pardon along with the instruments of the pardon.”
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Court orders final forfeiture of ex Gov. Dariye’s mansion
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Court order on forfeiture
The EFCC told Justice Inyang Ekwo in February that since the trial had been concluded and Dariye had been jailed for criminal breach of trust and dishonest conversion of over N1 billion belonging to Plateau, it was proper the court order the final forfeiture of Dariye’s known assets, per reporting by The PUNCH.
“The applicant [the EFCC] sought and obtained an interim forfeiture order of the respondent’s [Dariye’s] assets and properties, inclusive of the property at P No 1802 AO4, No. 19, Fredrick Chiluba Close, Asokoro, pending the determination of the charge against the respondent,” the application stated.
“The charge against the respondent (now convicted): FCT/CR/81/2007 between Federal Republic of Nigeria vs. Chief Joshua Chibi Dariye, was determined resulting in the respondent’s conviction.
“Both the Court of Appeal and the Supreme Court upheld the conviction of the respondent.
“The apex court affirmed the conviction of the respondent on the charge of criminal breach of trust punishable under Section 315 of the Penal Code and also that the N1,161,162,300.00 belonging to the Plateau State Government had clearly been dishonestly converted by the respondent to his own use by the intricate dishonest contrivance.”
The EFCC noted the decision of the Supreme Court in Joshua Chibi Dariye vs. FRN, appeal No: SC/1206C/2018 affirmed that Ebenezer Retnan Ventures, an unregistered company, was involved and used to commit the crime for which Dariye was convicted.
It argued that the decision of the Supreme Court also affirmed that there was credible evidence that Dariye was masquerading in the name of Ebenezer Retnan Ventures, an unregistered company, to cause wrongful gain to himself.
Justice Obiora Egwuatu of the Federal High Court in Abuja ordered the forfeiture of the property on 7 March 2022.