There are indications that the Plateau State Government may be heading to the court over illegal deductions made from the recovered monies allegedly stolen by the state former governor, Chief Joshua Dariye.
The deductions were made by the British law firm, Kendall Freeman, which was engaged by the Federal Government to handle the recovery of Dariye’s loot and that of former Bayelsa State Governor, Chief Diepreye Alamieyeseigha.
There were also reports of a subsisting dispute between the Plateau State Government and the office of the AGF and Minister of Justice, Mr Michael Aondoakaa, over the loot recovery process. This is despite claims by the minister that such dispute does not exist.
Investigation by Saturday Punch this week showed that the Plateau government has engaged solicitors in Britain to join issues with the law firm of Kendall Freeman, which has been found to have withheld huge sums from the loot so far recovered from Dariye and Alamieyeseigha. Saturday Punch had in its last issue exclusively reported the deductions by Kendall Freeman, on which the Plateau State Governor, Commodore David Jang (rtd.), had already written a protest letter to President Musa Yar’Adua. Aondoakaa, on Tuesday at a press conference in Abuja , confirmed that the British law firm had withheld part of the loot and illegally deducted its legal fees. But he denied that there was a row between his office and the state government over the matter.
Records obtained on Thursday showed that a London-based law firm retained by the Plateau government had exchanged letters with Kendall Freeman, in which it suggested that the recovered loot so far should be in excess of what has been declared. In one of its letters dated October 17, 2007, the state government’s lawyers (name withheld by Saturday Punch) demanded all documents involving transactions on the Dariye loot. But they were spurned by Kendall Freeman on the ground that, “we have no instructions (from the Federal Government) to respond substantively.”
The loot recovery counsel added in its own letter dated October 24, 2007, “As we have stated, the cases to which you refer ended some months ago. We reiterate that the issues you raise seem best dealt with in discussions between the FRN (Federal Republic of Nigeria) and the PLSG (Plateau State Government) in Nigeria , and we understand that your client is taking steps to do so. However, members of our firm will be in Nigeria in relation to other matters in the near future and will discuss your letters with the Federal Government, and will report back to you if instructed to do so.”
But in a reply to Kendall Freeman, the Plateau government’s lawyers criticised the posture of the anti-graft law firm, saying, “We note that you state that you have no instructions to respond substantively to our letters. That failure to respond to our inquiry is not acceptable. If your client fails to instruct you to respond substantively to the issues raised by this letter, our client will have no choice but to commence proceedings in the High Court to address the issues.”
The state government’s lawyers alleged among other things that contrary to claims that the sums of 126,679.19 pounds returned to Nigeria by the British High Commissioner were proceeds from the sale of some of Dariye’s assets, the money represented the cash recovered by the Metropolitan Police from the former governor’s exclusive list of assets
Aondoakaa had on Tuesday said the total proceeds from the judgment against Dariye were 1.314,393 pounds. He had told journalists, “On Plateau State, the sale of Dariye’s London flat is said to have fetched 416, 755pounds and the proceeds of judgment on Bank account were said to be 797, 638 pounds. The total proceeds they got from the judgment are 1. 314, 393pounds (about N335m).
Kendall Freeman spent 309, 439 pounds, while 192, 000 pounds was said to have been used in the storage of content in the flat.
“The actual money for Plateau State after the expenses is 904, 961. 51 pounds. But they (the lawyers) came again with other bills. The question to be asked is: Why was the money being kept in the hands of British lawyers.”
On Alamieyeseigha’s loot, the minister had said Kendall Freeman deducted 614, 67pounds (about N156.5m) for its services between November 2006 and 2007.
He added, “After deducting their bill, they said what was left was 985, 567. 54pounds. I don’t know why the money is not yet returned.”
Efforts by Saturday Punch to get the comments of the loot recovery law firm in London were not successful. When contacted by our correspondent, the firm’s Head of Litigation, Collin Joseph, insisted that as a matter of policy, the company never discuss clients’ matters with either the press or anyone else, except on instructions by the client.
Reminded that the client, represented by the AGF, made severe allegations against the company, Joseph said the allegations would be addressed at the client-company level. Subsequent calls made to prevail on him elicited the same response.