An application by the former governor of Plateau State ,Chief Joshua Chibi Dariye to travel out of the country for medical treatment has been thrown out by an FCT High Court, Gudu, Abuja presided over by Justice Abimbola Banjoko .
Dariye who is standing trial over a case of criminal conspiracy, misappropriation and diversion of public funds totalling over N700million was first arraigned by the Economic and Financial Crimes Commission,EFCC on Monday 16th July, 2007.
The former governor in his application,brought by his counsel, Emmanuel Toro had sought for the release of his international passport ,a leave of court to travel abroad for medical treatment, and a variation of the number of times to report to EFCC.
He claimed he has been having intermittent palpitation and leg problems, which required medical attention at a hospital in Tel-Aviv, Israel. His counsel stated that medical facilities in Nigeria would not be able to take care of his client’s medical problems hence the need to travel abroad.
He further stressed that Dariye has so far complied with all the conditions of his bail and has discharged all the burden placed on him by the court.
However, the prosecution counsel,Rotimi Jacobs faulted the application saying that the recent one was an attempt to prolong the trial as has been done through several other unnecessary applications by the accused person.
He said that Dariye was standing trial at another court and that a warrant of arrest issued by the Metropolitan Police , London was still hanging on him.
Prosecution further averred that the applicant’s claim that hospitals in the country lack the facilities to treat his ailment should be discountenanced, as there are many well-equipped hospitals in the country.
The prosecution counsel further said that there was an on-going investigation regarding the illegal transfer of money by the ex-governor which would be tampered with if he is allowed to travel abroad adding that bail is contractual and used to monitor the accused person.
He also argued that nothing in the letter purportedly written by a hospital in Israel shows specific appointment with the applicant and hence could not be used as ‘meaningful and realistic ‘evidence in granting the application.
Ruling on the application on Tuesday November 10 , Justice Banjoko said that bail was a constitutional right with special consideration of the peculiar circumstances which term must not be onerous.
She said that submission of EFCC’s counsel that bail was to monitor the accused was misplaced more so when he has not countered defence counsel’s claim that the applicant had complied with his bail terms.
“The essence of bail is not to monitor but ensure the presence of the accused at trial.” Banjoko stated. She went ahead to vary the number of time Dariye is to report to EFCC from weekly to once in six months.
On the subject of release of international passport and leave to travel, Justice Banjoko noted that there was no evidence to show that the warrant of arrest on Dariye has been discharged.
She concurred with the prosecution counsel that in the event that the applicant is arrested, the pending trial would be delayed. The judge equally said that the referral letter on the applicant’s medical trip was a mere request and not a substantive medical report . “The permission to travel cannot be granted in a vacuum. In fact , the issue regarding adequate medical facilities must only be substantiated in writing by the Federal Ministry of Health”, she added.
She equally agreed that the applicant has a record of jumping bail, as was the case in the UK sometime ago. Quoting Section 19 (2) (b) and (c) of the EFCC Establishment Act, Banjoko said that rather than granting some frivolous applications, the court has been mandated to ensure that cases brought to it by the commission receive accelerated hearing and adopt all legal measures necessary to avoid unnecessary delays .
“ From the forgoing, it is clear he(Dariye) may not be available for trial if granted the application”, Justice Banjoko added while dismissing the application.