Count and caused the Use by Another of the Funds belonging to the Plateau State Government’s
Ecological Funds thereby Misappropriating this Sum. A logical reason for the Defendant giving this
Amount of Money to Dr. Kingsley Nkumah can be seen as an Inducement/Gratification for the prompt
release of the Cheque to the Plateau State Government. The Ecological Funds Cheque was written out,
Processed, Confirmed by the Central Bank of Nigeria and delivered to the Defendant on the Same Day,
which is an unusual occurrence.
If the confession of Dr. Kingsley Nkumah is anything to go by, and if the Refund of this Sum is also be
reckoned with, it has not changed the fact that the Deprivation of the Funds due to the Plateau State
Government, need not be a Permanent Loss as by the Principles above stated, a Temporal Loss is
sufficient.
In conclusion, the Court finds that the Defendant, being a Public Officer was entrusted with the Sum of
Eighty Million Naira (N80, 000, 000), property of the Plateau State Government’s Ecological Funds,
meant to address the Ecological Problems of Plateau State, had full Control and Dominion over this
Fund. However, in breach of the Trust reposed on him by the Citizens of Plateau State, he caused the
Payment of this Amount to an Outsider/Stranger to Plateau State Government, contrary to the Set
Purpose of the Funds with a dishonest intent towards facilitating the Early Release of the Central
Bank of Nigeria’s Cheque and is accordingly found Guilty of the Offence in Count 4.
Count 5 deals with the Sum of another Sum of N100Million paid to Marine Float Limited, a Company
said to be owned by the then Vice-President of the Federal Republic of Nigeria, Alhaji Atiku Abubakar.
According to PW1, Detective Musa Sunday, under Cross-Examination, the Defendant did not tell him
that there were Conditions attached to receiving the Money. DW15, Sergeant now ASP Victor Dilang
stated that he was instructed to sign a Bank Draft of a Hundred Million Naira (N100, 000, 000) to the
then Minister of Special Duties Mr. Yomi Edu. He went to Mr. Yomi Edu’s Office were he personally
handed over the Bank Draft for this Sum but was told by Mr. Yomi Edu that the Cheques should have
been Two in Number in the Sum of a Hundred Million Naira (N100, 000, 000) each. A call was put
through to the Defendant, who had a Conversation with Mr. Edu and at the end of their Conversation,
he was instructed to collect an Account Number from the Minister.Mr. Yomi Edu then gave him a
Habib Bank Account Number with No Name and he proceeded to AllStates Trust Bank Plc., where the
Bank Manager gave him another Bank Draft in the Name of Marine Float Limited, which Company, the
Defendant told him belonged to the then Vice President, Alhaji Atiku Abubakar. He testified that he
lodged the Bank Draft at the Wuse Branch of Habib Bank and reported back to the Defendant.
He stated further that the Defendant had explained to him the Reason for disbursing the Money to
Marine Float to be that it was meant for PDP North-East.
The Defendant, Chief Joshua Chibi Dariye,confirmed in his Extra-Judicial Statement in Exhibit P13A,
both confirmed the evidence rendered by Detective Musa Sunday and wrote down how he assigned
the Sum of One Hundred Million to Marine Float Limited.
The AllStates Trust Bank Plc., the Recipient of the Defendant’s Instruction Bank, divulged the Original
Draft dated the 15th of August 2001 in Exhibit P7, its Letter to the EFCC dated the 4th of February
2005, wherein the Defendant instructed the Bank to issue a Draft in the Sum of N100, 000, 000 (One
Hundred Million Naira) in favour of Marine Float Limited. On the Reverse Side of the Draft, are Several
Stamps of the AllStates Trust Bank Plc., and Two Clearing Stamps of Habib Bank Limited. The AllStates
Trust Bank Plc., confirmed in this Exhibit P7, that the Sum of N100, 000, 000 (One Hundred Million
Naira) was paid to Marine Float Limited and from the Clearing Stamps on the Draft, it is evident that
Marine Float Limited received proceeds in the Draft through its Banker, Habib Bank Limited.
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