July 17th, 2007
By Joe Nwankwo, Snr Correspondent, Abuja

Former Governor Joshua Dariye of Plateau is to stay in the custody of the Economic and Financial Crimes Commission (EFCC) until July 19 when the court would entertain his own application for bail.

However, the EFCC’s search for former Governor Abdulahi Adamu of Nasarawa continues, having declared him wanted for failing to respond to its letter of invitation dated July 5.

It got a court order on July 10 to declare him wanted.

Monday’s proceedings, amid tight security, saw Turaki breaking down and weeping profusely when the application by his counsel, Olajide Ayodele, that he be remanded in the custody of the EFCC was refused by Justice Binta Murtala Nyako of the Federal High Court in Abuja.

The Judge ordered that he be kept in prison custody instead.

At the resumed trial of Dariye before Justice Babs Kuewumi, counsel to the EFCC, Joseph Nzor, had asked that the 14 counts against him be read to him to enable him take his plea.

Some of the charges against him read:

• That you … Dariye in Abuja did transfer N180 million belonging to the Plateau Government to buy a property in London, an act punishable under Section 14 (b) of the Money Laundering (Prohibition) Act 2004.

• Transferred N5 million from the All States Trust Bank for the purchase of landed property.

• Transferred to an unregistered account N3.8 million and concealed the source of the money.

• Transferred N492.8 million to Ebenezer Riefnam Ventures monies belonging to the state government.

• Transferred between August 13 and 29, 2003 in Abuja, £20,000 into your accounts being proceeds of a crime.

• Transferred in October 2003 in Abuja $110 million through one Umaru Farouk, which represents the proceeds of a crime.

Dariye is standing trial for allegedly laundering over N2 billion. He pleaded not guilty to all the charges.

His counsel, Conrad Joseph, who appeared along with Olumide Ayeni and Victor Ababasiaka Ekim, told the court that the offences are bailable as the minimum punishment is two years in prison and the maximum three years.

"In the light of this we would be applying for bail for my client, there is a compelling reason to admit him to bail; unless a good reason to the contrary is adduced we would be asking for bail".

Uzor countered that "they just filed the bail application this morning, we would not be admitting to all that they said in the affidavit, it would be unfair on the part of the prosecution not to react to the depositions in the affidavit.

"Based on the principles of fair hearing we are entitled to react and there is also no affidavit of urgency attached to the application. We need some time to react to this application, and the application is not even ripe for hearing".

Turaki and Kalu, arraigned before Nyako, both pleaded not guilty to all the charges preferred against them.

Turaki’s counsel, Ayodele, had told the court that they have an application for bail as the prosecution is entitled to two days within which to respond.

He asked the court to allow counsel to file their written addresses which would be adopted on the next adjourned date. He also prayed the court to allow his client to remain in the custody of the EFCC.

Nyako granted the application for written addresses but refused the application that Turaki should remain in the custody of the EFCC.

Turaki is alleged to have collaborated with three companies, Alkel Construction, INC Construction, World Cat Natural Resources, as well as Ahmed Ibrahim (now at large) to launder over N38 billion belonging to the Jigawa Government, contrary to Section 14 (1)(b) of the Money Laundering Act.

Kalu, standing trial over an alleged laundering of about N3 billion, was represented by Livy Uzokwu, Orji Nwafor, and Mike Ozokhome.

Some of the charges against him are:

• That you … Kalu, Emeka Abone (now at large) and Eunice Agwu (now at large) on or about July 7, 2005 … did transfer N12,500,000 from Abia Government’s account with Manny Bank (now Fidelity Bank) to Slok Nigeria Inland Bank’s account (a company solely owned by Kalu … and members of his family), which sum you knew represented the proceeds of crime, with the aim of concealing the nature of the proceeds … and you thereby committed an offence punishable under Section 14(i) of the Money Laundering Act.

• Kalu, Abone and Agwu on or about July 7, 2005 … did transfer N18,300,000 from Abia Government’s account with Manny Bank (now Fidelity Bank) to Slok Nigeria Inland Bank’s account … which sum you knew represented the proceeds of crime, with the aim of concealing the nature of the proceeds.

• Kalu, Abone and Agwu on or about July 7, 2005 … did transfer N20 million from Abia Government’s account with Manny Bank … to Slok Nigeria Inland Bank’s account … which sum you knew represented the proceeds of crime, with the aim of concealing the nature of the proceeds.

There was drama near the court as two groups protested the arraignment of Kalu.

One, led by O. C. Williams, comprised traders from the South East who carried placards calling for his release, the other consisted of the West African Students Union (WASU) and Abia State Indigenes in the Federal Capital Territory (FCT), whose placards expressed support for the EFCC.