afresh and anew by the AllStates Trust Bank Plc. The difference between the N1, 161, 162, 900 and
the N550, 000, 000, were gone with the wind, as bidded by the Defendant.
The Deployment of the Sum of N550Million in a Draft is an indication that the Source/Root/Origin of
the Funds was concealed from the Government of Plateau State. This was a Deliberate Act. The Act
further, was a deliberate deception. These Changes both in FORM and in SUM was virtually
unrecognizable by any Official of Plateau State Government, which no doubt helped eliminate tedious
questions the Defendant would have had to answer from the Plateau State Government Officials.
By the reason of the Defendant’s Instruction and by the execution of the Instruction by the AllStates
Trust Bank, it is a clear case of Misappropriation taking place, as the Original Cheque had been used
and subsequently disposed of in its Original Form. Through the Defendant’s Instructions, the Monies
in the Cheque were disposed of and what the Plateau State Government received in a Draft Form was
the Sum of N550Million out of the Central Bank of Cheque N1, 161, 162, 900. Consequently, the
Plateau State Government lost the Sum of Six Hundred and Eleven Million, One Hundred and SixtyTwo Thousand, Nine Hundred Naira (N611, 162, 900) to Persons, who were not of the Plateau State
Government.
The Defendant, by his Extra-Judicial Statement to the EFCC, is a Chartered Accountant, a Seasoned
Professional, and therefore, it can be imputed that he had absolute knowledge on what his intentions
were at the time he communicated the SOS to the Federal Government.
Therefore, in conclusion on Count 1 of the Amended Charge, the Court finds that the Defendant, Chief
Joshua Chibi Dariye, as Executive Governor of Plateau State, was a Public Officer, with Dominion and
certainly Control over the Central Bank of Nigeria Cheque in the Sum of One Billion, One Hundred and
Sixty-One Million, One Hundred and Sixty-Two Thousand, Nine Hundred Naira (N1, 161, 162, 900)
only being Ecological Funds allocated to solve the Ecological Problems of Plateau State. In that
Capacity, he caused the deposit of the above Cheque into the AllStates Trust Bank Plc., Abuja Branch
and cleared through this Bank without paying the Cheque into the Account of the Plateau State
Government Account. Chief Joshua Chibi Dariye did so, in Violation of the Directive on the Cheque, in
Violation of the Financial Rules and Regulations of Plateau State, and Bills of Exchange Act. Further,
the Manner in which the Defendant, through his Handwritten and Typed Instructions directed the
AllStates Trust Bank Plc., to use its Suspense/Sundry Account to clear the Cheque, knowing that the
Origin of the Cheque would be concealed from the Government of Plateau State, showed an Act of
dishonestmisappropriation of the Cheque.
As regards,Count 2, 4, 5, 6, 7 and 23, theyalsotrace their Root Source to the Ecological Funds Money
contained in the Central Bank of Nigeria Cheque admitted as Exhibit P6. Each Count originated from
the Defendant’s Handwritten Instruction dated the 19th of July 2001 as informed in Page 2 of Exhibit
P4, wherein he instructed the AllStates Trust Bank Plc., to clear the Sum of One Billion, One Hundred
and Sixty-One Million, One Hundred and Sixty-Two Thousand, Nine Hundred Naira (N1, 161, 162,
900) in the following manner, namely: 1. Plateau State Government------------ N550, 000, 000 (Five Hundred and Fifty Million Naira)
2. Pinnacle Communications------------- N250, 000, 000 (Two Hundred and Fifty Million Naira)
3. Union Homes------------------------------N80, 000, 000 (Eighty Million Naira)
4. PDP South-West-------------------------N100, 000, 000 (One Hundred Million Naira)
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