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The former governor
of Plateau State, Joshua Dariye, yesterday, failed to get the Court of
Appeal to transfer the case against him by the Economic and Financial
Crimes Commission (EFCC) from the Federal High Court, Abuja to Jos,
Plateau State.

Mr. Dariye had
approached the court seeking the transfer of his trial on the grounds
the Abuja High Court has no jurisdiction to hear the matter since the
charge against him claims the money laundering offence was committed in
Plateau State. He was appealing the ruling of an Abuja High Court
judge, Abimbola Banjoko, that the court has jurisdiction to hear the
case because some elements of the alleged offence in the proof of
evidence were committed within the Federal Capital Territory, Abuja.

Delivering judgment
in the matter, the Court of Appeal unanimously dismissed the appeal as
lacking in merit, stressing that the arguments canvassed by Mr.
Dariye’s counsel, Emanuel Toro, in support of the appeal were
misconceived.

The presiding
judge, Uwani Musa Ab-aji, directed that Mr. Dariye should go back to
the lower court and answer his case, adding that elements of the
alleged crime were committed in the FCT within the jurisdiction of the
court.

Specifically, the
appeal court held that the EFCC, which was established by an Act of the
National Assembly, has adequate locus standi to charge Mr. Dariye to
court and that it has established a prima facie case against the
appellant in the proof of evidence and the proper place to try Mr.
Dariye is the Abuja High Court.

“The applicant has a case to answer before this court because a prima-facie case has been established against him,” she said.

“The federal
government or any of his agencies can initiate criminal charges against
anybody once a prima-facie case has been established.

“The 23 count
charge against the applicant is in order because due process was
followed. Some of the offences were committed in Abuja. The applicant’s
claim the federal government is not the owner of the money and that
they cannot complain is strange and has no basis in law. The
applicant’s application has no merit as it fails and it’s hereby
dismissed.”

The initial case

Mr. Dariye was
arraigned before the FCT High court by the EFCC on a 23-count charge of
stealing money belonging to Plateau State during his tenure as governor.

Mid way into the
trial, Mr Dariye, who is currently on bail, challenged the jurisdiction
of the high court to adjudicate over the matter on the grounds and
prayed the court to quash the charges against him as there is no prima
facie case established by the EFCC against him.

He also said the
Federal government was not the owner of the money allegedly stolen by
him and could not therefore have a locus to institute the case against
him.