EFCC and Dariye's Loot

[ikechiji]

The British High Commissioner to Nigeria recently presented a check of N29.3 million (£115,000) to the Nigeria Govt as part of the loot recovered from Dariye. Dariye insists that the British Govt. seized £2,961,560.00 from him. What happened to the rest of the money?

EFCC claims that it has nothing to do with the repatriated money. However, Plateau citizens in particular and Nigerian citizens at large deserve answers to the following questions:

1) Why did the British Govt return less than 4% of the seized assets?

2) Are the seized assets being repatriated on a piecemeal basis?

3) How much are the lawyers, investigators, agents, etc involved in the UK Dariye case being paid?

Who is looting whom here? First, Dariye loots the Plateau treasury. Second, the British Govt/EFCC loot the loot!

And the winner is .....

And the loser is .....

Source
Controversy has begun to trail the British government’s return to Nigeria of N29.3 million allegedly seized from the former governor of Plateau State as Chief Joshua Chibi Dariye says the money was under-declared to the tune of N741, 056,000. 00.
Dariye also accused the London Metropolitan Police and the EFCC lawyers, Kendal Freeman Solicitors, London, of misappropriating the recovered loot.

He is praying President Umaru Musa Yar’Adua to order the transfer of the cases pending against him in the law courts from the EFCC to another authority for prosecution.

The British government had, last Thursday presented two cheques worth N29.3 million to the Nigerian government as part of the alleged looted money recovered from Dariye.
Making the presentation to the Solicitor General of the Federation and Permanent Secretary, Federal Ministry of Justice, Professor Ignatius Ayua (SAN), the acting British High Commissioner to Nigeria, Mr. James Tansley, disclosed that the former Plateau State governor was wanted by the London Police.

However, in a petition to President Yar’Adua, dated September 28, 2007 and entitled "Petition Against the Unlawful Appropriation of My Assets," Dariye alleged that the sum of N29.3 million handed over to the Federal Government was far less than what was seized from him in London. He asked President Yar’Adua to order investigation into the matter in the sprit of the rule of law and due process agenda of his administration.

The petition made available to Daily Sun reads: "I have read in the newspaper yesterday (Thursday, September 27) that the British High Commission in Nigeria handed over to the Federal Government of Nigeria the sum of 29 million Naira being proceeds of assets allegedly forfeited from me in the United Kingdom by British authorities.

"I write this humble petition to Your Excellency therefore, to put the facts before you concerning the unlawful methods that have been utilized in the United Kingdom in order to seize assets in the total value of over 2, 961,560.00 pounds sterling (two million nine hundred and sixty-one thousand pounds sterling) which is the equivalent of N770, 056.000. 00 (seven hundred and seventy million, fifty six thousand naira) now apparently misappropriated and dissipated by the EFCC, its agent, the London Metropolitan Police or its lawyers, Kendal Freeman Solicitors London, if all that is now being handed over is a mere N29.3 million (twenty-nine million Naira).

"I also hereby humbly urge that an enquiry be instituted into the use and appropriation of these funds and the methods utilized by the EFCC in partnership with the Metropolitan Police and through the agency of Kendal Freeman Solicitors, in forfeiting these assets alleged to belong to me when I am yet to be heard on the criminal charges from the basis of the allegations that the assets are proceeds of crime in Nigeria."

Alleging that he was ambushed in his hotel in London in September 2004 by the Metropolitan Police at the instigation of the EFCC, where the sum of 100,000 pounds sterling was seized from him and his associates, he told Yar’Adua: "Earlier in January, the Metropolitan Police had seized a sum of 11, 560 pounds sterling from Chris Mekwunye, which I had sent to the U.K for payment of the London hospital bills of one of my commissioners, who had suffered a spinal cord injury in an accident in Nigeria.
"Subsequently, the sum of 1.4 million pounds sterling was seized from the account of Mrs. Joyce Oyebanjo, which was the proceed of property I had sold in Nigeria and wanted to use in a failed property acquisition bid in London.

"Since my return to Nigeria from the UK in December 2004, further steps have been taken, at the instigation of the EFCC, to seize other assets traceable to me, including property at 28 Regents Plaza London, which was sold for about 450, 000 pounds sterling in May 2007 by Kendal Freeman Solicitors, as agents of the EFCC.

"In July 2007, funds totaling about one million pounds sterling alleged to be mine have also been taken from Barclays Bank, London without following due process.
"As at date, therefore, the EFCC and /or its British agents, London Metropolitan Police and Kendal Freeman Solicitors, should account for a total of N2, 961,560.00 (two million nine hundred and sixty one thousand five hundred and sixty pounds sterling), which is the equivalent of N770, 056,000.00 (seven hundred and seventy million, fifty six thousand Naira). How did this now become N29, 000,000. 00 (twenty-nine million Naira)?"

Dariye denied claim by Kendal Freeman that they sold the property at Regents Plaza for 450,000 pound sterling, adding that the money seized from him must have earned interest in bank. He said: "I have no knowledge of how much interest has accrued on the funds seized from me and my associates in London or the exact figure that was unlawfully taken from Barclays Bank. The funds taken from Joyce Oyebanjo must have also yielded some interest. It has not been disclosed how much.

"I was informed in August 2007 that Barclays Bank had been contacted by Kendal Freeman Solicitors, acting for EFCC and that Barclays Bank had surrendered funds totaling about one million pounds sterling, alleged to be mine, to them for fear of being dragged into litigation and bad publicity. This is a clear blackmail tactic and contrary to due process.

"Your Excellency will recall that I surrendered myself to the EFCC in June 2007 and some charges have now been filed in the courts against me, which I am yet to be tried on. Until these charges are proved, I humbly believe that there is no justification for the rush to seize and appropriate assets alleged to belong to me in such a manner that if I should be found innocent of the charges there can be no return to status quo.

"Property has been sold, which cannot be recovered, funds have been apparently seized and used and one can only wonder whether these funds will be returned to the Federation Account or to Plateau State or whether, as I suspect, they have been applied by the EFCC and its solicitors and agents in London to pay professional fees in the UK and in Nigeria. The news report that only N29.3 million is being returned suggests that this suspicion is valid.

"It also becomes evident that this adverse and unwarranted publicity, coming just few days before my trial is to come up in court in October, is instigated and designed again to prejudice my chances of a fair trial."

Dariye, who further accused the EFCC of overzealousness and embarking on a vendetta mission against him, accordingly, prayed President Yar’Adua to transfer the prosecution of the charges against him from the EFCC to another authority.

[Toku.A]

The loser is the plateau people.

[Auspicious]

The British High Commissioner to Nigeria recently presented a check of N29.3 million (£115,000) to the Nigeria Govt as part of the loot recovered from Dariye. Dariye insists that the British Govt. seized £2,961,560.00 from him.

I hope the EFCC will do its part to the 'T' in showing how the funds and proceeds made from the properties sold to Joshua Dariye were disbursed or whatever was done with all that money. There is nothing wrong in asking these kind of questions. Better still, it would have been very nice if the EFCC published such facts even before it is asked. That is what the public communications office of the Commission is paid to do - keeping the public abreast with everything the EFCC does in a clear and unambiguous manner. Hopefully, they would do just that this time.

In my opinon, Joshua Dariye has again indicted himself by claiming the amount siezed from him was far in the exess of Two Million Pound Sterling - about forty thousand pounds short of Three Million Pounds! Where on Earth did he acquire such stupendous wealth? This question is important because heaven knows that Joshua Dariye was definitely NOT a millionaire (in pounds sterling worth) before he rose to office as Governor of Plateau in 1999. That in so short a time, his fortunes changed with such speed raises a lot of questions. I hope those in charge of prosecuting him are noting his comments here and would be applying it in his anticipated trial.

If I were President Yar'Adua, I will thread very, very carefully here. Rather than encourage another reckless take over of the case from the EFCC by our 'funny' Attorney-General, Michael Aondoakaa, I will rather prevail on EFCC to sharpen its attention with regards going with the much vaunted "due process" in the prosecution of Mr. Dariye. I will ensure that EFCC gets the best in terms of support to carry out its job in this regard with fairness and justice as its watch-words, such that the whole trial may end up successfully. Another take-over here is simply an open display of lack of confidence in the EFCC. If that happens, then get Nuhu Ribadu fired for anything else is a waste of public money.

Nigerians must see what Joshua Dariye, like Orji Kalu, is doing here again. Like the latter, he is now appealing to the President to have another body take over his trial, claiming "due process" was not followed in the way things were done by the EFCC - like how funds were siezed from his Barclay's Bank account in the UK. Here is an example of where one begins to wonder if EFCC was in charge of removing funds from a foreign bank account. Anyways, for some of us Nigerians out there, we are not unaware the feeble defense Dariye is coming up with. And I hope President Yar'Adua appreciates the integrity attached to his Office and position not to get himself any more entagled he already is.

We dey here dey watch.

Auspicious.

[tonsoyo]

If you guys care to know the truth here it is. The accusers of EFCC should know this fact. Of course accusations will be directed at their greatest nightmare - The EFCC.

Attorney-General handled Dariye’s loot, says EFCC
From Juliana Taiwo in Abuja and Seriki Adinoyi in Jos, 10.03.2007
Wednesday, October 3, 2007

The Economic and Fina-ncial Crimes Commi-ssion (EFCC) has denied any involvement in the repatriation of Chief Joshua Dariye’s loot from the United Kingdom.

The former Plateau State governor had in a petition to President Umaru Musa Yar’Adua accused the EFCC of appropriating N741 million of the N770,056,000 seized from him in the United Kingdom. He said only N29.3 million was declared to the Federal Government by the anti-corruption agency.

Dariye also accused the EFCC of conniving with a London-based law firm and the London Metropolitan Police for “underhand dealing” and asked the President to transfer cases of corruption against him to other agencies for prosecution.

However, the EFCC said yesterday that the commission’s only involvement in Dariye’s case with the London Metropolitan Police was “to the extent that EFCC assisted the Metropolitan Police with information and evidence to help it in the investigation and prosecution of Chief Dariye over his contravention of UK money laundering laws, in line with Section 6 (j) and (k) of the EFCC Establishment Act.”

In a statement signed by Mr. Osita Nwajah, Head of Media and Publicity, the commission said it was the Office of the Attorney-General of the Federation that handled the repatriation of the loot.

The statement read: “The attention of the Commission has been drawn to a statement issued on Monday, 1st October 2007 by Chief Joshua Chibi Dariye. In that publication, which enjoyed prominent news space in the media, Chief Dariye sought to cast the Commission in dishonourable light, by suggesting that the Commission may have connived with a certain Kendal Freeman, a private solicitor in the United Kingdom, to defraud the Federal Government of Nigeria, by under-repatriation of his laundered funds by the UK authorities.

“EFCC wishes to clarify as follows: The Commission’s only full involvement in the matter between Chief Dariye and the London Metropolitan Police is to the extent that EFCC assisted the Metropolitan Police with information and evidence to help it in the investigation and prosecution of Chief Dariye over his contravention of UK money laundering laws, in line with Section 6 (j) and (k) of the EFCC Establishment Act; The Commission’s only full involvement with Dariye is currently facing charges in Nigeria for looting the coffers of the Plateau State government. EFCC has never engaged the services of any solicitor by name Kandel Freeman to pursue any recovery for the Commission; EFCC was not involved in the freezing, recovery or return of the Dariye loot.

Not a penny of the recovered money or disposed assets was ever in the custody of the Commission; It would be recalled that the funds were repatriated from the United Kingdom through the office of the Attorney General of the Federation (AGF) at a widely reported media event on the 27th of September, 2007 and not through the EFCC.

“The Commission understands the desperation of Chief Dariye, which is finding expression through this attempt to drag EFCC into murky political waters and tarnish its hard-worn image, with the intent to influence the case the Commission is prosecuting against him in court. However, this would not work as the Commission is bent on bringing Chief Joshua Dariye to book for the crimes he committed against the government and people of Plateau State.”

Meanwhile, Dariye has urged President Yar’Adua to transfer the cases of corruption against him from the EFCC to the office of the Attorney-General of the Federation, saying the latter is more credible to handle his case than the commission whom he said has connived with the London Metropolitan Police to wreck injustice.

Dariye’s spokesman and his former commissioner for Information, Hon. Yakubu Dati, said the ex-governor has watched carefully that the commission does not mean well in his matter and therefore requested that a more honest, and law-abiding body be given his charges to handle.

Dati also denied that his boss has been declared wanted in London, saying it is all connivance between the EFCC and the British High Commissioner, Mr. James Tansley, to tarnish the image of the ex-governor.

He said, “His Excellency’s case would be determined by a London-based Court later this October and we are hopeful that he will be vindicated”.

He also wondered why the Tansley has hastened to hand over the seized money to the Federal Government while the case was still in court.

“What if the court ruled that his Excellency’s seized money be refunded, will Tansley go and get it back from the government?” Dati queried.

President Yar’Adua has however said he would not be involved in the case because it is in a court of law.

Briefing State House correspondents yesterday, the Special Adviser to the President on Communications, Mr. Olusegun Adeniyi, said the present administration does not believe in delving into issues already before the courts.

[DoubleWahala]

No cause for Alarm. However, I wonder why EFCC was quick to insinuate that the AG's office is responsible for what may have 'happened' to the money.

Hmmmmmmm.....the bad blood is 3-much o!

DW

UK: Balance of Dariye’s Loot Still With Us
By Kingsley Nwezeh, 10.04.2007

Source



The British authorities yesterday shed more light on why only N29.3 million of the looted money seized last year from former governor of Plateau State, Chief Joshua Dariye, by the Metropolitan Police has been returned to the country.
It also said nobody has appropriated the money seized from the ex-governor.
The amount released, according to the British authorities, is what has been freed so far by the courts in London.

THISDAY learnt that the N29.3 million was part of the total loot seized from the former governor and that the release is in accordance with provisions of the United Kingdom Proceeds of Crime Act 2002.

Dariye had, in a petition to President Umaru Musa Yar’Adua, accused the Econ-omic and Financial Crimes Commission (EFCC) of appropriating the money seized from him saying the amount seized was N770 million and not N29.3 million handed over to the Solicitor-General of the Federation, Prof. Ignatius Ayua, last Friday by the acting British High Commissioner, Mr. James Ansely.

Dariye, who is standing trial on charges of stealing and embezzlement of public funds, also accused the London Metropolitan Police and a London-based law firm of engaging in underhand dealings over the loot.

But the British High Commission said the amount released was only part of the loot recovered from Dariye and freed by the courts, adding that it had made it clear when he was releasing two cheques for N29.3 million.

Head of Press and Public Affairs of the British High Commission, Mr. Tunde Asaju, told THISDAY last night on telephone that the money handed over to the Federal Government by the British High Comm-issioner was part of the seized loot, saying that the return of such monies was guided by the rule of law.

"We said it on Friday when we handed in the two cheques. The money was part of the proceeds. Everything is guided by the rule of law. The Court has to make a pronouncement before the fund can be released. The amount released is the fund on which legal proceedings in the UK had been concluded. The High Commissioner has made it clear that it was part of the proceeds," he said.

The handling of looted funds is guided by the Proceeds of Crime Act of 2002.
Section 294 of the Act "enables police to seize cash of 1000 pounds or more if they have reasonable grounds for suspecting that it is recoverable property (that is obtainable through unlawful conduct or intended by any person for use in unlawful conduct). It is the policy of Members of Parliament (MP) to instigate such action where in all cases where it appears to be appropriate."

Ansely had said in Abuja while handing over two cheques of N29 million to the Solicitor-General of the Federation that the money was part of the looted public funds recovered from the former governor even as he declared that Britain was no longer a safe place for stolen wealth.

EFCC had also washed its hands clean of the money maintaining that “the commission's only full involvement in the matter between Chief Dariye and the London Metropolitan Police is to the extent that EFCC assisted the Metropolitan Police with information and evidence to help it in the investigation and prosecution of Dariye over the contravention of the UK money laundering laws in line with Section (6) (j) and (k) of the EFCC Establishment Act."

The commission further noted that its other involvement with Dariye was that he is currently facing charges in Nigeria for looting the coffers of the Plateau State Government.
"Not a penny of the recovered money or disposed assets was ever in the custody of the commission," EFCC said.

The return of the loot is the outcome of the co-operation between the Metropolitan Police and EFCC.

The Metropolitan Police has seized £34.6m of Nigerian assets relating to the former governors of Plateau and Bayelsa States, Dariye and Diepreye Alamie-yeseigha.
One million pounds of cash has been returned and in May 2007, the sale of a Regents Park property that was seized from Dariye netted £416,000.
An associate of Dariye, Joyce Adebanjo, was convicted by the British court of charges of money laundering in May.

Dariye is said to be a wanted man in the UK, because even though he was convicted alongside Adebanjo, he was not there to answer the charges leveled against him.
The Met Police to date has seized over £34.6 million (N8.75 billion) of Nigerian assets over a number of different cases.

According to the London Metropolitan Police website, the purpose of the Proceeds of Crime Act is to provide the opportunity for officers (of the London Metropolitan Police) to take early action to deter or disrupt criminal activity by seizing cash of 1000 pounds and or more suspected to be the proceeds of crime or intended to be used in criminal activity.
It also "alters procedure for dealing with large cash seizures so as to eliminate possible mistakes in the counting of cash and to reduce the opportunity for allegations of misconduct".

Ansley said, “The United Kingdom is no longer a safe haven for the transfer of illegal or corrupt money.” He expressed satisfaction that the stolen loot was being returned to Nigeria, adding that the British Government was ready to cooperate with Nigeria at all times in its fight against corruption.

Ansley expressed appreciation to the Nigerian Government for its cooperation with the London Met Police in its successful investigation of Dariye and of Nigerian citizens who have contravened British legislation.

He affirmed that the refunded money was only a tip of the iceberg as more funds would be repatriated. “More significant amount of fund will still be refunded to Nigeria. Our investigations on them are still on-going,'' he said.

According to him, "the British Government is partnering with Nigeria, particularly with the EFCC, in the fight against corruption and in preventing UK from being a haven for corrupt leaders,'' he added.

In his remarks, Solicitor General of the Federation, Ayua, had stated that the returned loot, which was intended for water projects in Plateau state, was a laudable progress in the present administration’s fight against corruption.