The former Plateau State governor, Joshua Dariye, who is facing a
23-count charge at a Federal Capital Territory, FCT High Court, Gudu,
has accused the trial judge, Justice Adebukola Banjoko of “undisguised
bias”.
Joshua Dariye is being prosecuted by the Economic and Financial Crimes
Commission, EFCC, for allegedly diverting about N1.162 billion from the
state’s Ecological Fund, to private companies and individuals.
His trial resumed on January 25, 2016 after the Supreme Court on
February 27, 2015, dismissed his appeal to quash the charges and ordered
Dariye’s “expeditious” trial.
The prosecution had on June 6, 2016 closed its case against him,
after presenting 10 witnesses, including Peter Clark, a retired
detective constable with the UK Metropolitan Police, who investigated
money laundering charges against him in the UK.
Clark had on May 9, 2016 while being led in evidence by prosecuting
counsel, Rotimi Jacobs, SAN, told the court that Dariye remained a
fugitive having jumped bail in the UK, and that the fraud charges
against him were still pending there. Several documents detailing the
diversion of the state’s funds to Barclays Bank in the UK were among
exhibits presented in court.
Dariye’s defence team, led by G.S. Pwul, SAN, opened its defence on
June 17, 2016 with Adonye Roberts, a former staff of the defunct All
States Trust Bank, admitting under cross-examination, that Dariye
illegally operated an account with the bank in the name of “Ebenezer
Retnan Ventures” – a company to which part of the Ecological Funds were
diverted to.
The trial could not go on, on December 9, 2016 as a result of the
absence of a defence witness, prompting the judge to adjourn to December
13, 2016. Pwul, though was not in court, was represented by Fidelis
Kaatpo. Kaatpo had told the court that: “The court bailiff was unable to
serve our witnesses the summons, because they were not reachable.”
At the sitting on December 13, 2016 Justice Banjoko also had to
adjourn to January 18, 2017 at the request of Pwul, who told the court
that he intended to present two more witnesses, which he was yet to get
in touch with. He had also forwarded two motions to the court meant for
hearing.
However, at the resumed sitting today, Justice Banjoko, could not
hear the motions, because “they are not ripe for hearing”. She also
revealed that “a letter waiting for directive of the Chief Judge” had
been received by the court, thus halting the day’s proceeding.
The said letter, which was at the instant of Dariye, was titled,
Application for Transfer on Ground of Manifest and Undisguised Bias.
Dated December 13, 2016 it was addressed to the Chief Judge of the FCT
High Court, Abuja, with the Seal of the Nigeria Senate, where he serves
as Chairman, Senate Committee on Public Procurement.
Dariye alleged that the trial judge “has not found it easy to conceal
her anger that I dared to pursue an appeal against her ruling up to the
Supreme Court”, adding that “my counsel and I could only watch
helplessly as events unfolded in court, and this made me feel so
helpless like a lamp waiting to be slaughtered.”
Making reference to the proceeding where Clark testified against
Dariye, the defendant accused the judge of allowing the prosecution time
to bring “a witness from the United Kingdom”.
While Dariye’s lawyer, Pwul, was copied in the letter sent to the FCT
Chief Judge, the prosecution, represented by Adeniyi Adebisi was not
copied, causing him to express concerns that “if the defendant thought
it fit to copy the court and his counsel, he ought to copy us”.
Justice Banjoko, thereafter, adjourned the matter to February 15, 2017 “for hearing of the applications”.