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Tribunal can�t summon,
arrest Dariye, court rules
� Says he is immune from
prosecution
�EFCC files N1.16m fraud case
against him
By Rotimi
Fadeyi
Snr
Correspondent, Abuja
Plateau State Governor Joshua
Dariye secured legal reprieve of Monday when the Federal High Court, Abuja
declared that the Code of Conduct Tribunal (CCT) cannot summon, arrest or
try him over alleged breach of assets declaration
laws.
The court reaffirmed that he
enjoys immunity from criminal and civil proceedings while in
office.
Not withstanding the court
ruling, the Economic and financial Crimes Commission (EFCC) also Monday
headed for the court to file a N1.16 million money laundering case against
Dariye.
The EFCC Chairman, Mallam Nuhu
Ribadu, Confirmed the case against the governor while briefing newsmen on
investigations so far carried out by the Commission.
``I am happy to inform you
that EFCC has this morning filed this case at the Federal High Court,
Kaduna, to bring all the perpetrators of this serious and economic
financial crime to justice,'' Ribadu said.
He said that the case involved
several other Plateau state government officials as well as many bank
officials that allegedly aided and abetted the looting of public
funds.
Reacting to the judgement
of Justice Stephen Jonah
Adah, the CCT, through its legal representative, has indicated its
intention to challenge it at the Court of Appeal.
During the period Dariye was
suspended from office and a state of emergency imposed on the state, the
CCT had accused him of making false a declaration about his assets while
holding office as governor and threatened to arrest him if he failed to
honour summons to appear
before it.
Dariye challenged the summons
and the threat of arrest in court. He argued that as an elected governor
and by virtue of Section 308 of the Constitution, he has immunity from
civil or criminal proceedings before any court or tribunal, including the
CCT.
In the ruling on Monday, Adah
said under Section 308 of the Constitution, the governor enjoys immunity
from civil or criminal proceedings and therefore cannot be served with
summons by the CCT or be arrested for any offence.
The judge said the section has
become an albatross hanging on the neck of the
nation.
His words: �If a governor
commits treason or takes up arms against the country, how do we wriggle
out of this? Where will this country head to? But this is the problem, the
court can only interpret the Constitution, but cannot review it or
re-write it.
�The problem generated by this
absolute immunity is that we have succeeded in foisting on ourselves an
albatross hanging on the neck of the nation and until this is struck down,
we will continue like this�.
CCT Chairman Justice Muhammad
Bashir Sambo had on September 8, said he would not hesitate to order the
arrest of Dariye if he failed to appear before him on October 6, to answer
a two-count charge on the breach of the law on assets declaration.
Dariye, in his suit, asked the
court to determine whether, having regard to Sections 180 and 185 of the
Constitution, a governor, duly elected and sworn in pursuant to the
Constitution, is in view of Section 308, amenable to civil or criminal
proceedings before any court or tribunal, including the CCT or to the
process of any court or tribunal ordering his arrest or imprisonment or
compelling his appearance.
The suit was supported by a
16-paragraph affidavit deposed to by Dariye�s cousin Jonah
Dakwat.
In it, he averred that
sometime in July this year, some persons came to the residence of the
governor to inquire about his whereabouts. They identified themselves as
officials of the CCT with a process to serve on him.
The officials, Dakwat said,
attempted to serve the process on Dariye�s younger brother but he declined
since the summons were specifically addressed to the governor and no one
else.
He stated that the CCT sat on
September 8, during which its bailiff reported that the summons could not be served on
the governor personally, which made
the judge threaten that he would order Dariye�s arrest and
detention if he failed to appear before the
tribunal.
Dariye had asked the court for
the following declarations:
� That the plaintiff, as
governor of Plateau State, is, during the period which he is to perform or
is required to perform the functions of his office, entitled, by virtue of
Section 308, to immunity from civil or criminal proceedings before any
court or tribunal including the CCT and from the process of any court or
tribunal ordering his arrest or imprisonment or compelling his
appearance;
� the CCT has no power to
issue any summons against him, and that any such summons so issued are
illegal, unconstitutional, null and void and of no
effect;
� an order setting aside the
criminal summons issued against him by the CCT;
� restraining the defendants
from arresting or ordering his arrest; and
� an order of perpetual
injunction restraining the defendants from instituting or continuing any
civil or criminal proceedings against him in any court or tribunal during
the continuance of the period he is entitled under the Constitution to
perform the functions of his office as governor.
The Federal Government had
filed criminal charges against the governor before the CCT early this
year. He was scheduled to be arraigned on August 10, but was absent in
court.
Dariye was accused of making
false declaration about his assets while holding office as governor, an
offence contrary to Section 11 (1) of the Code of Conduct for Public
Officers Act.
He was also accused of
operating foreign bank accounts contrary to the law.
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