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In the High Court of the Federal Capital Territory in the Abuja Judicial Division Holden at Abuja Before His Lordship Hon

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In the High Court of the Federal Capital Territory in the Abuja Judicial Division Holden at Abuja Before His Lordship Hon IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY IN THE ABUJA JUDICIAL DIVISION HOLDEN AT ABUJA BEFORE HIS LORDSHIP HON. JUSTICE A.A.I. BANJOKO- JUDGE DELIVERED ON THE 12 TH OF JUNE 2018 CHARGE NO: FCT/HC/CR/81/07 BETWEEN FEDERAL REPUBLIC OF NIGERIA…………………………………………………………..……………..COMPLAINANT AND CHIEF JOSHUA CHIBI DARIYE……………………………………………………….……………………...….DEFENDANT ROTIMI JACOBS SAN WITH H.O. EJIGA ESQ, O.A. ATOLAGBE ESQ, TAYO OLUKOTUN ESQ FOR THE PROSECUTION KANU G. AGABI (CON), SAN WITH PAUL EROKORO SAN, JOHN OCHOGWU ESQ, PETER ERIVWODE ESQ AND AKINOLA AFOLARIN ESQ FOR THE DEFENCE JUDGMENT Chief Joshua Chibi Dariye , a Former Two-Term Governor of Plateau State of Nigeria from 1999 to 2007 and currently a Serving Senator at the National Assembly representing Plateau Central Senatorial District is charged on a23 Count Amended Charge Sheet dated and filed on the 9 th of May 2016 before this Court for the following Counts of Offences: - COUNT 1 That you CHIEF JOSHUA CHIBI DARIYE on or about 19 th July, 2001 at Abuja in the Abuja Judicial Division of the High Court of the Federal Capital Territory while being the Governor of Plateau State and in such capacity entrusted with dominion over certain Properties to wit: the Cheque in the Sum of N1, 161, 162, 900.00 (One Billion, One Hundred and Sixty One Million, One Hundred and Sixty Two Thousand, Nine Hundred Naira), which you collected from the Ecological Funds Office in Abuja for and on behalf of Plateau State Government and which Sum was meant to address the ecological problems of the State committed Criminal Breach of Trust in respect of the said Properties when you deposited the Cheque with your Banker (AllStates Trust Bank Plc.) Abuja Branch and cleared same through the said Bank, where you operated an Account in the name of an Unregistered Company (Ebenezer Retnan Ventures), without paying the Cheque into the Account of Plateau State Government that it was meant for and you committed an Offence punishable under Section 315 of the Penal Code Act Cap 532 Laws of Federation of Nigeria 1990 . COUNT 2 1 That you CHIEF JOSHUA CHIBI DARIYE on or about 19 th of July, 2001 at Abuja in the Abuja Judicial Division of the High Court of the Federal Capital Territory while being the Governor of Plateau State and in such capacity entrusted with dominion over certain Properties to wit: Plateau State Government’s Ecological Funds released by the Federal Government of Nigeria to address ecological problems of the State, committed Criminal Breach of Trust in respect of the said Property by diverting the Sum of N160, 000, 000. 00 (One Hundred and Sixty Million Naira) thereof into the Private Account of an Unregistered Company owned by you and known as Ebenezer Retnan Ventures and you thereby committed under Section 315 of the Penal Code Act Cap 532 Laws of Federation of Nigeria 1990 . COUNT 3 That you CHIEF JOSHUA CHIBI DARIYE on or about 19 th July, 2001 at Abuja in the Abuja Judicial Division of the High Court of the Federal Capital Territory dishonestly misappropriated certain Properties, to wit: Plateau State Government’s Ecological Funds released by the Federal Government of Nigeria to address ecological problems of the State, by diverting the Sum of N160, 000,000.00 (One Hundred and Sixty Million Naira) thereof into the Private Account of an Unregistered Company owned by you and known as Ebenezer Retnan Ventures and you thereby committed an Offence punishable under Section 309 of the Penal Code Act Cap 532 Laws of Federation of Nigeria 1990 . COUNT 4 That you CHIEF JOSHUA CHIBI DARIYE on or about 20 th July, 2001 at Abuja in the Abuja Judicial Division of the High Court of the Federal Capital Territory while being the Governor of Plateau State and in such capacity entrusted with dominion over certain Properties, to wit: N80, 000, 000.00 (Eighty Million Naira) which Sum formed part of the Plateau State Government’s Ecological Funds released by the Federal Government to address ecological problems of the State, committed Criminal Breach of Trust in respect of the said Properties when you transferred same into the Union Homes Account of the then Permanent Secretary of Ecological Funds, Mr. Kingsley Nkumah , as Gratification for facilitating the release of the Cheque to you, and you thereby committed an Offence punishable under Section 315 of the Penal Code Act Cap 532 Laws of Federation of Nigeria 1990 . COUNT 5 That you CHIEF JOSHUA CHIBI DARIYE on or about 15 th August, 2001 at Abuja in the Abuja Judicial Division of the High Court of the Federal Capital Territory while being the Governor of Plateau State and in such capacity entrusted with dominion over certain Properties to wit: N100, 000,000.00 (One Hundred Million Naira) which Sum formed part of the Plateau State Government’s Ecological Funds released by the Federal Government to address the ecological problems of the State, committed Criminal Breach of Trust in respect of the said Properties when you transferred same into the Account of Marine Float Limited and you thereby committed an offence punishable under Section 315 of the Penal Code Act Cap 532 Laws of Federation of Nigeria 1990 . COUNT 6 2 That you CHIEF JOSHUA CHIBI DARIYE on or about 20 th July 2001 at Abuja in the Abuja Judicial Division of the High Court of the Federal Capital Territory while being the Governor of Plateau State and in such capacity entrusted with dominion over certain Properties, to wit: N100, 000,000.00 (One Hundred Million Naira) which Sum formed part of the Plateau State Government’s Ecological Funds released by the Federal Government to address ecological problems of the State, committed Criminal Breach of Trust in respect of the said Properties when you transferred same to the Peoples Democratic Party (PDP), South West, and you thereby committed an offence punishable under Section 315 of the Penal Code Act Cap 532 Laws of Federation of Nigeria 1990 . COUNT 7 That you CHIEF JOSHUA CHIBI DARIYE on or about 20 th July 2001 at Abuja in the Abuja Judicial Division of the High Court of the Federal Capital Territory while being the Governor of Plateau State and in such capacity entrusted with dominion over certain Properties, to wit: N16, 862, 900.00 (Sixteen Million, Eight Hundred Sixty Two Thousand, Nine Hundred Naira) which Sum formed part of the Plateau State Government’s Ecological Funds released by the Federal Government to address ecological problems of the State, committed Criminal Breach of Trust in respect of the said Properties when you took the said Sum which you titled “ Sundry Number II ” and you thereby committed an offence punishable under Section 315 of the Penal Code Act Cap 532 Laws of Federation of Nigeria 1990 . COUNT 8 That you CHIEF JOSHUA CHIBI DARIYE on or about 3rd May, 2001 at Abuja in the Abuja Judicial Division of the High Court of the Federal Capital Territory while being the Governor of Plateau State and in such capacity entrusted with dominion over certain Properties, to wit: the Sum of N204, 000, 000.00(Two Hundred and Four Million Naira) which formed part of their Funds in the Account of Plateau State Accountant General Office, committed Criminal Breach of Trust in respect of the said Properties by diverting the said Sum of N204, 000, 000.00(Two Hundred and Four Million Naira) into the Private Account of an Unregistered Company owned by you and know as Ebenezer Retnan Ventures and you thereby committed an Offence punishable under Section 315 of the Penal Code Act Cap 532 Laws of Federation of Nigeria 1990 . COUNT 9 That you CHIEF JOSHUA CHIBI DARIYE on or about 3rd May, 2001 at Abuja in the Abuja Judicial Division of the High Court of the Federal Capital Territory, dishonestly misappropriated certain Properties to wit: the Sum of N204, 000, 000. 00 (Two Hundred and Four Million Naira) which formed part of the Funds in the Account of Plateau State Accountant General’s Office by transferring same into the Private Account of an Unregistered Company owned by you and know as Ebenezer Retnan Ventures and you thereby committed an Offence punishable under Section 309 of the Penal Code Act Cap 532 Laws of Federation of Nigeria 1990. COUNT 10 That you CHIEF JOSHUA CHIBI DARIYE on or about 29 th November 2000 at Abuja in the Abuja Judicial Division of the High Court of the Federal Capital Territory while being the Governor of Plateau 3 State and in such capacity entrusted with dominion over certain Properties, to wit: the Sum of N53, 600, 643.05 (Fifty Three Million, Six Hundred Thousand, Six Hundred and Forty Three Naira, Five Kobo) which formed part of the Funds in the Account of Plateau State Accountant General’s Office, committed Criminal Breach of Trust in respect of the said Properties by diverting the same into the Private Account of an Unregistered Company owned by you and know as Ebenezer Retnan Ventures and you thereby committed an Offence punishable under Section 315 of the Penal Code Act Cap 532 Laws of Federation of Nigeria 1990 . COUNT 11 That you CHIEF JOSHUA CHIBI DARIYE on or about 29 th November 2000 at Abuja in the Abuja Judicial Division of the High Court of the Federal Capital Territory dishonestly misappropriated certain Properties, to wit: the Sum of N53, 600, 643.05 (Fifty Three Million, Six Hundred Thousand, Six Hundred and Forty Three Naira, Five Kobo) which formed part of the Funds in the Account of Plateau State Accountant General’s Office, by transferring same into the Private Account of an Unregistered Company owned by you and know as Ebenezer Retnan Ventures and you thereby committed an Offence punishable under Section 309 of the Penal Code Act Cap 532 Laws of Federation of Nigeria 1990 .
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