Dariye sues EFCC over plan to audit state accounts
From Isa Abdulsalami, Jos
WHETHER the Economic and Financial Crimes Commission (EFCC) can audit the accounts of the Plateau State government is now a poser awaiting a legal resolution.
In a suit filed at the Federal High Court, Jos, the Plateau State Governor, Chief Joshua Dariye, is claiming that the EFCC's bid to probe the accounts is illegal.
Joined as a co-defendant is the Attorney-General of the Federation and Minister of Justice, Chief Akin Olujinmi.
The Plateau government is urging the court to restrain the defendants, their agents or privies from ordering any public servant of Plateau to furnish any particulars of the state accounts in furtherance of the investigation.
It is also seeking an order of perpetual injunction restraining the defendants, their agents and privies from continuing any further investigation or audit in any form or manner in relation to the accounts of the state government.
Mr. Robet Clarke, who held brief for Prof. Ben Nwabueze for the plaintiff, also claimed that by the 1999 Constitution, the National Assembly has competence in so far as public funds are concerned to legislate only on matters relating to the accounts of the government of the federation and of the offices, courts and authorities thereof.
In an affidavit the Accountant-General of Plateau State, Mr. Mathias Dafur, said that during the period of the state of emergency, he was invited once by the EFCC to assist in its investigation of the state government's funds.
Darfur said he was specifically instructed by the then Sole Administrator of the State Gen. Chris Alli to comply and help EFCC in its investigations of the state government funds.
"On Monday, November 29, 2004, I received a telephone call from an officer of the first defendant ((EFCC) in Lagos inviting me and other government officials to appear in its office in Lagos in connection with the investigation and audit of the accounts of the state government."
Dafur said that since democracy had been restored, in the state, he sought the permission of the State Governor to travel to Lagos as ordered by the EFCC.
He also told Dariye that with the permission of the Administrator, he had earlier volunteered information in writing to EFCC in relation to its investigation.
He said Dariye sought the advice of the State Attorney-General chambers where he was advised that it was unconstitutional to go to Lagos in respect of the matter.
The Presiding Judge, Mr. Justice P.E. Achibong, fixed December 30 for hearing.
The EFCC recently said it would soon produce evidence of financial misdeeds against Dariye.
The commission chairman, Alhaji Nuhu Ribadu, who said the evidence against Dariye was a product of a comprehensive investigation, told reporters in Kaduna that the inquisition would be a test case for the 36 state governors.
Ribadu's pronouncement followed a statement by the chairman, House of Representatives Committee on Judiciary, Bala Ibn Na'Allah, to the effect that any review of the 1999 Constitution would surely knock off the immunity clause provided to protect the President, Vice president, governors and their deputies under Section 308 from any civil or criminal proceedings.
Both Ribadu and Na'Allah were in Kaduna to attend a summit on Corrupt Practices and Financial Crimes in Nigeria, organised by the House Committee on Anti-corruption, National Ethics and Values, in collaboration with the African Diaspora Initiative.
According to Ribadu, "give us time. We are coming out with a complete dossier of what we have investigated (against Dariye). It is something that is going to be massive. It is going to be a mind-blowing thing."
In a paper he presented at the summit, Ribadu campaigned for the amendment of the 1999 Constitution, in order to "remove those constraints in the enforcement of economic and financial crimes.
"There is need to (also) amend the Evidence Act, the Criminal Procedure Act and Criminal Procedure Code, to accommodate the technological advancement and challenges of our contemporary times. Corruption and financial crimes are non-violent and committed in most cases by those who are charged with the responsibility of taking care of funds or their collaborators. We do not need Transparency International to tell us that corruption and other economic crimes are the bane of our development efforts.
"Their judgement, wrongly or rightly is a reflection of what we have given to the world - 419, money laundering, inflated contracts, scam mails, illegal oil bunkering, disappearance of ships etc," he said.
Speaking on the role of the legislature in the campaign against corruption, Na'Allah explained that the issue of immunity for governors constituted a clog in the war against corruption.
He said the immunity clause made it virtually impossible for the public to feel the impact of the EFCC and the Independent Corrupt Practices Commission (ICPC).
According to him, "what has remained a thorn in the flesh of the two agencies is the issue of immunity for the executive governors, which is being addressed through the on-going constitutional review. The original immunity clause in the constitution was well-intended.
"It was inserted there on the assumption that people who hold public offices would perform the function of their offices in accordance with the oath of office. But we have seen the different employment of this immunity clause. It therefore means that there is ground to really do something about it. And, I assure you that something is being done about it by the National Assembly."
Also speaking at the summit, Speaker, House of Representatives, Alhaji Aminu Bello Masari, described corruption as a reprehensible and unjust practice that undermines the legitimacy and stability of government.
"It (corruption) is a weapon of mass destruction and terror employed by the rich and the powerful, against the poor and the weak.
"No regime can endure and prosper in an atmosphere of injustice which corruption promotes.
"It is imperative for us to recognise the fact that the legislature has fully endorsed and provided full support for all the initiatives brought forward by the executive branch of government in the drive against corruption," he said.
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