TheCable

A federal high court in Abuja has dismissed a suit filed by Joshua Dariye, former Plateau governor, and his son, Nanle, challenging the Economic and Financial Crimes Commission (EFCC) for freezing their central securities clearing system (CSCS) accounts.

Dariye and his son said the accounts were frozen without a valid court order.

The former governor was convicted over money laundering and sentenced to 14 years imprisonment in 2018.

While serving a custodial sentence at Kuje correctional centre, the accounts were frozen.

The ex-governor and his son had sued the anti-graft agency and CSCS PLC as first and second defendants, respectively

In the suit marked FHC/ABJ/CS/1457/2021, the plaintiffs prayed the court to determine whether the defendants were entitled, in view of section 34(1) of the EFCC Act, to freeze Dariye’s CSCS’s account number: 72515276 and his son’s CSCS’s account number: 81527200 by placing a caution on the operation of those accounts without obtaining an order of the court to do so.

They also prayed for an order directing the defendants to lift the caution placed on the accounts and refrain from posting any further restrictions.

In an affidavit attached to the application, Haruna, Dariye’s brother, averred that the monies in the accounts are dividends gotten from several companies listed on the Nigerian Stock Exchange (NSE) where the plaintiffs hold substantial shares.

Delivering the court’s decision on Wednesday, Inyang Ekwo, the presiding judge, held that the case lacked merit.

He held that provisions of section 34(1) of the EFCC Act was not applicable in the circumstance of the case.

While the judge exonerated CSCS of any wrong against the Dariyes, he condemned the submission of Dariye’s lawyer where he argued that the mere fact that there was a criminal case against the ex-governor was not enough to justify the unilateral restriction placed on their accounts without a court order.

“My heart skipped when I read the submission of the learned counsel for the plaintiffs in paragraph 3.10 of the written address whereat counsel stated thus,” the judge said.

“The statement above is a clear sign of how the moral standard in the society has fallen.

“The lack of good conscience is made manifest in the postulation referring to criminal proceedings in our legal system as ‘the mere fact that there was a criminal case against the 1st plaintiff’.

“This means that criminal proceedings is not a serious issue anymore in this country. This is a sad chapter in our history as a nation.

“It is obvious that Exhibit JD1 and what the supreme court said does not bother the plaintiffs and their counsel.

“I do not know the essence of this case but it has certainly elicited the fact that the plaintiffs are bent on enjoying the proceeds of the criminal act for which the first plaintiff (Dariye) was convicted.

“This court will not be part of the affront of the plaintiffs and what I consider as an assault to the order of the trial court which the supreme court affirmed.”

Meanwhile, Dariye was released from the correctional facility in Kuje council area, federal capital territory (FCT), on August 8, 2022, after receiving a presidential pardon.