ABUJA — THE Economic and Financial Crimes Commission (EFCC) has slapped a six-count charge of conspiracy, abuse of office, money laundering and diversion of N1.61 billion on Governor Joshua Dariye of Plateau State at the Federal High Court, Kaduna.
The governor is to be arraigned today, according to EFCC chairman, Mallam Nuhu Ribadu. To be arraigned with him are some of his aides and officials of banks allegedly involved in the illegal transfer of public funds into his private accounts.
However, a Federal High Court sitting in Abuja yesterday declared as illegal and unconstitutional a recent attempt by the Federal Government to prosecute the governor at the Code of Conduct Tribunal for compound allegation of non-declaration of his assets and operating foreign accounts while holding a public office.
Mallam Ribadu at a press briefing in Abuja said the EFCC was also seeking to remove the immunity of the governor by asking the court to give an interpretation to Section 308 of the 1999 Constitution to exclude corruption charges against public office holders.
“I am happy to inform you that the EFCC this morning (yesterday) filed this case at the Federal High Court, Kaduna, to bring all the perpetrators of this serious economic and financial crimes to justice. We have also joined the governor in this case not because we are unaware of the nebulous constitutional provision of immunity clause. In fact, we are challenging this provision in court because we strongly believe it is against the principles and spirit of the Constitution.
“We think that although this immunity is a constitutional provision, it is wrong. It shouldn’t be part of our law. We have good grounds to tell the court that it is wrong to give public money to public office holders and then to have a law that says don’t ask the person no matter what the person does with the money. What type of law is that?”
Mallam Ribadu said the EFCC had to go to court since there was no option immediately opened to it, stressing: “That provision (immunity clause) is wrong and shouldn’t have been part of our law in the first place. We have not tried it before, but we have no other place to go than the court to interpret the law.
It is something that we must try."
The EFCC chairman said he had nothing personal against Gov. Dariye but the matter had put the nation’s image on the line, as the alleged money laundering originated from the United Kingdom and that the international community was watching to see the outcome of the case. He warned bank executives and their staff that they could no longer do their business as usual, as according to him, they would be held accountable for allowing any illegal financial transfer through their banks from Nigeria or any diversion of funds into private accounts.
Mallam Ribadu said the directive to banks to always report huge transfers to the EFCC must be taken seriously and those who ignore it would face the consequences of their complicity and or inaction. “The law is very clear on all those that aid and abet the perpetration of financial and economic crimes. EFCC will not spare anybody that either by acts of omission or commission contribute to the stealing of government money. Bank officials are, therefore, strongly warned to desist from participating in the bleeding of Nigeria,” he said.
Court says Dariye can't be tried
However, a Federal High Court sitting in Abuja yesterday declared as illegal and unconstitutional, recent attempt by the Federal Government to prosecute Governor, Joshua Dariye, before the Code of Conduct Tribunal over compound allegation of non-declaration of his assets and operating foreign accounts while in office.
The High Court also restrained the Federal Government from instituting any fresh action or continuing any civil or criminal proceedings against him before any court of law or tribunal while his tenure lasts.
According to Justice Stephen Adah, Governor Dariye, like any other incumbent governor in the country, is immune from prosecution by virtue of the provisions of section 308 of the 1999 constitution even if he takes up arms against his fatherland, Nigeria. The judge briefly explained that his verdict stemmed from simple interpretation of the laws as they are and not as they ought to be.
He described the provision of section 308 of the 1999 constitution which was Governor Dariye’s saving grace as “worrisome.” Said the judge: “If a serving governor in Nigeria commits treason or takes up arms against his fatherland, how can we wriggle out with the provision of section 308 of the 1999 constitution?
“If a person fundamentally breaches the code of conduct and continues in office, I wonder where this country will head to? The provision is worrisome now in our public life. And the problem is: the court can only interpret the constitution. It cannot rewrite or review it. This immunity is an albatross hanging on the neck of the nation. Until it is struck down, we will continue like this.
“In this case, Governor Dariye is an elected governor. He enjoys immunity under section 308 of the 1999 constitution and cannot be dragged before any court of law for prosecution. I consequently grant his reliefs as sought.”
But before Gov. Dariye was saved the stress of prosecution yesterday, the court also held that the Code of Conduct Tribunal was not just an investigating body as claimed by the Federal Government. According to the judge, the tribunal is empowered to inquire into the guilt or otherwise of a person in respect of allegations within the scope of his jurisdiction. “A tribunal whose decisions are appealable cannot just be an investigating body,” he said.
FG to appeal
But the Federal Government yesterday said it was dissatisfied with the judgment. Its counsel, Chief Wole Aina, said: “We will definitely go on appeal. It is of monumental importance to our judicial system. We want definite interpretation.
“This is the first time we will be having a matter affecting the Code of Conduct Tribunal. The court has held that Gov. Dariye is immune from being summoned. But the court did not pronounce on whether he could be regarded as a governor at the material time when the charge was made out against him. May be he omitted to make pronouncement on this. An appellate court might fill in the gap.”
Governor Dariye had gone to court shortly after the Federal Government filed a complaint before the Code of Conduct Tribunal seeking to try him for failure to declare assets and maintaining foreign accounts while holding office as the governor of Plateau State. Both offences were said to be contrary to the provisions of Code of Conduct laws for public officers.
