Efcc Freezes Plateau Govt’s Account
http://www.thisdayonline.com/nview.php?id=38446

This is the beginning of a long and dramatic political soap opera. Nigerians are adviced to relax and enjoy the show while it lasts! He is definitely going to jail and ther's nothing he can do about it.

Remember, he also jumped bail in the UK after being arrested, jailed and bailed. Governor Alameiyeseiga's older brother.

No need of going to cinema. Nigeria always has new film to watch. More are coming watch out for part .............

True, new events unfold in Nigeria which keeps one wondering whom next! Certainly all these arrests and what have you will end in 2007 after the elections.

they should take him to the jail which govt would be sending gay guys (those that dont get shot by some of us ha ha ha) where they r going to make his arsehole a popular pasttime.

dariye is a disgrace...

We seem to have a shameless bunch as leaders in Nigeria. The clown (Dariye) was arrested in the UK, jumped bail by returning home and still seats in Jos as the Executive Governor of the state! What moral justification does he have? Just to think of him as a role-model to some ignorant individuals, it's disheartening. When Alamieyesigha of Bayelsa fame did the same thing, the clown was on TV telling the whole world that he couldn't really explain how he found himself in Nigeria. I guess he definitely knows how he found himself in a Nigerian cell now.
In a civilised world, when a public office holder finds himself in an undignifying situation, to avoid embarrassment to the office he occupies, he resigns but in Nigeria he would deny it, swear by his father's name and attribute the whole thing to persecution. We, as a nation, still have a very long way to go. We have to many crooks/liars/conscienceless people/greedy & self-centered people/visionless people at the upper part of our social and polical pyramid. They are the same set of people that rally round any office holder. Where do we go? Can we restructured a house without knocking down some walls.  Just look at nearby GHANA. I weep We had lots of them doing menial jobs in Nigeria some decades back but today, we struggle to go there. Our rich send their children to universities there. It's so painful.

Exactly, let's sit back and watch the drama.

What drama?
Have we finished watching the latest reality show of shame in Oyo State?
Shame on OBJ and his Gangster.

bunking:

What drama?
Have we finished watching the latest reality show of shame in Oyo State?
Shame on OBJ and his Gangster.

Real Drama...........Cinema!
This is an abuse of power and illegality of the highest Order,
EFCC by Part II of the Economic and Financial Crimes Commission[Establishment Act] 2002 Laws of the Federation of Nigeria,
has no powers to Freeze the Account of  State Government as no financial Crime has been levied against The Plateau State Government as a body.

Sub section D of the act states:
d) the adoption of measures to identify, tract; freeze, confiscate or seize proceeds derived from terrorist activities, economic and financial crimes related offences or the properties the value of which corresponds to such proceeds ;
That is only proceeds derived from terrorist acts/econimic and financial Crimes related offences or properties to the value of an ascertained criminal proceeds can be frozen.
To do otherwise will be to commit an illegality.


If they have a problem they should freeze the Account of Dariye and not a Government.
And I ask, can EFCC freeze the account of the Federal Government?
This is rubbish and I feel ashame of the practice of Law in Nigeria.
I wonder where Their Law officers studied their law.

The Powers of EFCC ubder the Act:
1) The Commission shall be responsible for

(a) the enforcement and the due administration of the provisions of this Act;

(b) the investigation of all financial crimes including advance fee fraud money laundering, counterfeiting, illegal charge transfers, futures market fraud, fraudulent encashment of negotiable instruments, eompu1I:r credit card fraud, contract scam, etc, ;

(c) the co-ordination and enforcement of all economic and financial crimes laws and enforcement functions conferred on any other person or authority ;

(the) the adoption of measures to identify, tract; freeze, confiscate or seize proceeds derived from terrorist activities, economic and financial crimes related offences or the properties the value of which corresponds to such proceeds ;

(e) the adoption of measures to eradicate the commission of economic and financial crimes;



(f) the adoption of measures which includes co-ordinate preventive and regulatory actions, introduction and maintenance of investigative and control techniques on the prevention of economic and financial related times;

(g) the facilitation of rapid exchange of scientific and technical information and the conduct of joint operations geared towards the eradication of economic and financial crimes;

(h) the examination -and investigation of al1 reported cases of economic and financial crimes with a view to identifying individuals, corporate bodies or groups involved;

(i) the determination of the extent of financial loss and such other losses by government, private individuals or organisations ;

(j) collaborating with government bodies both within and outside Nigeria carrying on functions wholly or in part analogous with those of the Commission concerning

(i) the identification, determination of the whereabouts and activities of persons suspected of being involved in economic and financial crimes,

(ii) the movement of proceeds or properties derived from the commission of economic and financial and other related crimes,

(iii) the exchange ofpersonne1 or other experts,

(iv) the establishment and maintenance of a system for monitoring international economic and financial crimes in order to identify suspicious transactions and persons involved,

(v) maintaining data, statistics, records and reports on persons, organisations, proceeds, properties, documents or other items or assets involved in economic and financial crimes,

(vi) undertaking research and similar works with a view to determining the manifestation, extent, magnitude and effects of economic and financial crimes and advising government on appropriate intervention measures for combating same;

(k) taking charge of, supervising. controlling. co-ordinating all the responsibilities, functions and activities relating to the current investigation and prosecution of all offences connected with or relating to economic and financial crimes, in consultation with the Attorney-General of the Federation;

(j) the co-ordination of all existing economic and financial crimes, investigating units in Nigeria;

(m) maintaining J liaison with office of the Attorney-General of the Federation, the Nigerian Customs Service, the Immigration and Prison Service Board, the Central Bank of Nigeria, the Nigerian Deposit Insurance Corporation, the National Drug Law Enforcement Agency, all government security and law enforcement agencies and such other financial supervisory institutions in the eradication of economic and financial crimes;

(n) carrying out and sustaining rigorous public and enlightenment campaign against economic and financial crimes within and outside Nigeria; and

(o) carrying out such other activities as arc necessary or expedient for the full discharge of all or any of the functions conferred on it under this Act.


6.     (1) The Commission has power to

(a) cause investigations to be conducted as to whether any person has committed an offence under this Act; and

(b) with a view to ascertaining whether any person has been in offences under this Act or in the proceeds of any such offences, cause investigations to be conducted into the properties of any person if it appears to the Commission that the person's life style and extent of the properties are not justified by his source of income.

(2) The Commission is charged with the responsibility of enforcing the provisions of

(a) the Money Laundering Act 1995 ;

(b) the Advance Fee Fraud and Other Fraud Related Offences Act 1995 ;

(c) the Failed Banks (Recovery of Debts) and Financial Malpractices in Banks

Act 1994, as amended;

(the) the Banks and other Financial Institutions Act 1991, as amended; and

(e) Miscellaneous Offences Act; and

(f) any other law or regulations relating to economic and financial crimes

I tire oooooooooooooooo

conscience:

Real Drama...........Cinema!
This is an abuse of power and illegality of the highest Order,
EFCC by Part II of the Economic and Financial Crimes Commission[Establishment Act] 2002 Laws of the Federation of Nigeria,
has no powers to Freeze the Account of State Government as no financial Crime has been levied against The Plateau State Government as a body.
If they have a problem they should freeze the Account of Dariye and not a Government.
And I ask, can EFCC freeze the account of the Federal Government?
This is rubbish and I feel ashame of the practice of Law in Nigeria.
I wonder where Their Law officers studied their law.

In Nigeria anything goes , do not forget. The EFCC is under the federal govt of Nigeria. Given the past events over the last couple of months, anything can happen in Nigeria. So bro don't sweat.

I am sweating because Some one can not because he wants an individual, paralyze the apparatus of government with attendant hardship to the citizens

Remember, at this moment Oyo State is also going through a crisis of their own because of some idiotic persons. As well, that is the price plateau state is paying for having Dariye as their governor. Lets just say , its the price of dirty politics at play.

Seun:

This is the beginning of a long and dramatic political soap opera. Nigerians are adviced to relax and enjoy the show while it lasts! He is definitely going to jail and ther's nothing he can do about it.

Remember, he also jumped bail in the UK after being arrested, jailed and bailed. Governor Alameiyeseiga's older brother.

This the beginning of the' mother of illegality' and Executive lawlessness.
Is Dariye Plateau State Government?
So the functioning of a whole government of a state will stop to function because they want to destroy one man in the state.
Shame shame shame shame on all of them
Shame on the Judiciary that will give such an order on an ex parte application
It brings to question the competence of some Judicial officers in Nigeria.
Na wa
I feel like PUKING

Bro don't even start puking cos given the Nigeria situation, you might end up puking your insides cos u ain't seen nothing yet.

Consc EFCC did not freeze the state funds the court did. all EFCC did was present a valid case of alleged corruption to the court and bingo, here come trouble.

Why hasn't anyone talked of Liucky Igbinedion in Edo State?

Odeku:

Consc EFCC did not freeze the state funds the court did. all EFCC did was present a valid case of alleged corruption to the court and bingo, here come trouble.

Dear Odeku,
My Expert opinion on this matter is as follows:

1.Under what rules of practice can an Ex parte application be considered sufficient to disclose a valid case before a Judge Who has no opportunity to hear the case of  the other Party, and go ahead to reach a final decision [as it looks in this case]?
You don't need to be a Lawyer to agree with me that, such practice offends the Principle of natural Justice.
2. The Court has no legal justification or sound Jurisprudential reasoning to freeze the Account of a State Government  only on the strenght of an allegation made against one of the officers, to do so, will mean  putting the act of Governance on hold/halt .
3. The enabling Act establishing EFCC does not clothe it with powers to Freeze the Account/Funds/Property of any person or organisation,[ subject matter not  being proceeds or properties derived from the commission of economic and financial and other related crimes.]
 .
4. The drafters of the act did not include a state/ Federal Government as one of the persons whose Accounts can be Frozen. For instance, can EFCC make an  Ex parte application to freeze the Account of the Federal Government ?

@ All
I had an argument which nearly led to a punch up on the issues covered in this posting yesterday.Please can you help my ignorance in matters of the law.
I will apreciate it if you can enlighten me more based on the questions below:
1. Does the High court have the right to freeze the account of a state in Nigeria?
2. What were the facts presented by EFCC in the Ex parte application?

otitoloju:

@ All
I had an argument which nearly led to a punch up on the issues covered in this posting yesterday.Please can you help my ignorance in matters of the law.
I will apreciate it if you can enlighten me more based on the questions below:
1. Does the High court have the right to freeze the account of a state in Nigeria?
2. What were the facts presented by EFCC in the Ex parte application?

1.No, from the expert opinion of Conscience above, the court has no rights

Plateau State Attorney General can get in touch with me for free legal Advice on this matter.
Please pass the word to him
We must defeat the enemies of our Nation

1.No, a court cannot freeze the whole account of the Government, because to do so will mean bringing the government to a stand still/halt.
2.No matter how heavy the facts presented to the Court might be, the proper Order should have been an interim Order lasting for say 3days or so ,and the other party [the Government] put on Notice of the pending case, failure of which the Court vacates its Order.
3. For the Court to issue such an Order, there must be substantive issue[s] for determination before the Court.
4. Plateau state and the whole of the people of plateau are not suspects in  any criminal [financial ]act and so, under the Act[law] creating EFCC,  the order is brought against a wrong party.
5. The Judiciary in Nigeria is gradually sinking and the world is laughing at us.

prettyH:

Remember, at this moment Oyo State is also going through a crisis of their own because of some idiotic persons. As well, that is the price plateau state is paying for having Dariye as their governor. Lets just say , its the price of dirty politics at play.

prettyH One , you sound so intelligent and objective,
please lets meet this weekend, at your convenience for some drinks, chops and talk..
but not on Nigerian issues please..........i don tire

the law courts are now in some sort of league with the federal government to carry out undemocratic activities and they seem to be getting away with it. In the long run however we are all worse off because whatever is yours that can't be got from the front door will be collected either through the window or from under the ground.

This is Naijaland and ANYTHING goes!

Wasn't happy when I heard the news but wetin man pikin go do. The people of Plateau will now be subjected to unnecessary hardship just because of one useless POWER GAME!

y was the case not initially blown open as that of Alams? Tht's one question I keep asking myself.

Go go save us from all these anormalies ooo.

true talk bolaoni,

the sad thing in this whole issue is that the poor masses who are innocent of dariye's deed will be at the recieving end of all this wahala. the Governor no doubt will not be affected because he has stolen enough to last him and his tenth generation to come a life of reckless luxury. truth about this is that the whole scenario if looked at deeply is political. this is clearly the hand of EfCC, but the voice of OBJ. all part of their dirty political wahala. but the pity here is that they dont even feel anything near pity for the Already improvished civil servants and the suffering masses who will be caught in the cross fire of their witch hunting political troubles.

conscience:

prettyH One , you sound so intelligent and objective,
please lets meet this weekend, at your convenience for some drinks, chops and talk..
but not on Nigerian issues please..........i don tire

lol

I don't know how to describe the drama taking place in the plateau but all point to a bad omen . It is criminal for EFCC and by extension the executive to think of freezing a state Government account under a democracy . It is a travesty of justice for a Judge of the Federal High Court to grant the order freezing the account of the Government no matter under what guise or purpose. Their action will affect not only the Governor and members of his cabinet but also innocent civil servants of the State.They should present facts of the allegation of corruption to the State House of Assembly for investigation and action . Their action left no other definition to describe them than meddlesome interlopers in matter not under their portfolio.
They may have suceeded in Bayelsa State under DSP but they should be careful not to take their luck too far because an illegality remains an illegality no matter how sucessful their previous application might have been.

Mr consc, are you a lawer and what kind of law do you practice? and where do you practice?

The EFCC could be relying on EFCC (Establishment) Act, 2004 in Section 6(d) which provides; “The adoption of measures to identify, trace, freeze, confiscate or seize proceeds derived from terrorist activities, economic and financial crime related offences or the proprieties the value, of which corresponds to such proceeds.”Could a State government be accused of these activities? EFCC submits that state officials constitute the state. Did Justice M. L. Shuaibu of the Federal High Court who granted the ex-parte order to freeze all accounts of the Plateau State Government look properly at this provision?

EDITORIAL

EFCC, Plateau State and the Law

Posted to the Web: Tuesday, January 24, 2006

Which way Nigeria is heading to.
It is high time someone put an end to use of Federal might to intimidate other units of our Federation. It was Federal might that was used in the first place to get most of this people in government, even when they are not the choice of the people.
The Federal government use the Police, EFCC, Army to intimidate the States. EFCC has no right to Freeze the account of any State in Nigeria, Dariye that is the target cannot be arrested by EFCC by virtue of the immunity conferred on him under Section 308 of the constitution nor can he be equated to the Plateau State Government for the purposes of the ownership of the accounts in question.Judiciary that should be the hope of the common man is a tool use by the government in all cases of Presidential rascality in Anambra, Oyo and Plateau.

Which Way Nigeria.

http://www.vanguardngr.com/articles/2002/headline/f109022006.html


Dariye said he shared all the loots he stole with OBJ and Dariye..... I bet he did not give them enough to let him off the hook...


Terrible country.