•Joshua Dariye Photo: Sun News Publishing

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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.