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You can’t summon Dariye- Gani tells judge
THOMAS IMONIKHE, Deputy Political
Editor and agency reports
LEGAL luminary, Chief Gani
Fawehinmi (SAN) has described as unconstitutional Justice Abdullahi Liman’s
order summoning Gov. Joshua Dariye of Plateau State to appear before him to
answer criminal charges.
Chief Fawehinmi said the action of the Federal High Court
judge, Kaduna in summoning Dariye to answer to money laundering charges levelled
against him by the Economic and Financial Crimes Commission (EFCC), offended
Section 308 of the constitution which dwells on immunity from prosecution for
certain classes of public office holders.
But, Attorney-General of the Federation (AGF),
Mr. Akin Olujinmi (SAN) observed that though the Federal Government has
demonstrated the necessary political will to fight corruption in the land, "the
immunity clause in the constitution appears to be working against the country"
as no governor or others accused had far been prosecuted.
While Chief Fawehinmi spoke exclusively
with Daily Champion in Lagos, the AGF made his own pronouncement on the
occasion of the International Day against Corruption in Abuja yesterday.
Chief Fawehinmi noted that through the
instrumentality of section 308 of the constitution, the president,
vice-president, governors and their deputies are shielded from civil and
criminal proceedings.
The section reads in its subsections a, b
and c that: "no civil or criminal proceedings shall be instituted or continued
against a person to whom this section applies during his period of office; a
person to whom this section applies shall not be arrested or imprisoned during
that period either in pursuance of the process of any court or otherwise; and no
process of any court requiring or compelling the appearance of a person to whom
this section applies, shall be applied for or issued."
Chief Fawehinmi threw his weight behind
last Monday’s ruling of the Federal High Court, Abuja, quashing a summon on Gov.
Dariye by the Code of Conduct Bureau (CCB) over non-declaration of assets.
Chief Fawehinmi said Justice Liman was
wrong for saying that governors did not enjoy immunity.
"That law (Section 308) should be changed
and until it is changed we owe it to the polity, to obey that law," he said,
adding however, that governors were not immune against criminal investigation by
the police.
On the ruling by Justice Stephen Adah of
the Federal High Court Abuja, he said "that judgement is right, Adah is right,"
because "immunity must go" before a governor can be arraigned to answer criminal
charges.
Chief Olujinmi, on his part, also bemoaned
the immunity clause, pointing out that the reason no governor had been
prosecuted was on account of section 308.
The clause, the AGF noted, was not in the
country’s interest, adding that it was not the Obasanjo administration that made
the present constitution.
"Something must happen to that section;
that we are doing," he said.
"The government is committed to its
anti-corruption crusade with the establishment of EFCC, ICPC, and the signing
and ratification of international convention on corruption," he said.
He added: "If we have agencies that are
specifically charged with the responsibility to fight corruption in the country,
that is a great commitment by this administration."
The minister noted that there were several
corruption cases involving highly placed individuals in various courts across
the country.
Also speaking, the Independent Corrupt
Practices and Others Related Offences Commission (ICPC) chairman Mustapha Akanbi,
said before ICPC was established in 2000 there was no high profile prosecution
of corruption cases in the nation’s courts.
"Nigeria has played effective role in many
international conventions and was among 17 countries that signed the
international convention on corruption which shows government’s commitment to
fighting corruption even at international level," he said.
He said that ICPC had arrested 81
individuals on corruption charges.
Akanbi, however, said that efforts must be
made to improve on the existing situation, adding that "we are making a headway
in the fight against corruption."
He said that efforts must also be made to
reorientate Nigerians as there was need for mass mobilisation and education of
the people.
Earlier, Mr Paul Salay, UNODC
Representative, stressed the harmful effect of corruption on a nation, saying
that corruption undermined "democracy, good governance and the rule of law."
He said the issue of public trust would no
longer be tolerated as the effect at the global level was great.
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