Jos — Governor Joshua Dariye of Plateau State has filed a suit at the Federal High Court, Jos challenging the criminal summons ordering him to appear before a court in Kaduna over the allegations against him by the Economic and Financial Crimes Commission (EFCC).In the suit which had the EFCC, the Attorney General of the federation, and the Inspector-General of Police, the governor is seeking an interpretation of sections of the constitution relating to his immunity status to determine whether he could be issued with a criminal summons.
The suit with number THC/J/CS/112/04 filed on his behalf by Professor Ben Nwabueze, SAN, wants the court to determine whether “having regard to Sections 180 and 185 of the Constitution of the Federal Government of Nigeria (1999) (which relate to the period the governor of a state is to perform or required to perform the functions of his office), a state governor, duly elected and sworn in pursuant to the constitution, is, in view of Section 308 of the said constitution, amenable to civil or criminal proceedings whatsoever and by whatever body, including the Economic and Financial Crimes Commission, or to the process of any court or tribunal ordering his arrest or imprisonment or compelling his appearance through the issuance of a criminal process ar any other process by whatever name called.”
Other reliefs sought by the governor include: a declaration that the plaintiff as the duly elected and sworn in governor of Plateau State of Nigeria 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 whatsoever and by whatever body, including the Economic and Financial Crimes commission, or to process of any court or tribunal ordering his arrest or imprisonment or compelling his appearance through the issuance of a criminal process of any other process by whatever name called.
; a declaration that the Economic and Financial CrimesCommission has no power to issue or cause to be issuedany summons or other processes against the Plaintiffand that any such summons or processes so issued orcaused to be issued at the instance of the Economicand Financial Crimes Commission is illegal, unconstitutional, null and void and of no effectwhatsoever.
;. an order setting aside any summons or otherprocesses issued or caused to be issued against thePlaintiff at the instance of the economic andfinancial Crimes commission;. an order restraining all the Defendants, theiragents, or privies from serving or causing to beserved any court process against the plaintiff, orarresting and/or detaining or ordering the arrestand/or detention of the plaintiff or compelling theappearance of the Plaintiff in furtherance of anysummons or processes;. an order of perpetual injunction restraining theDefendants, their agents and/or privies, frominstituting, and/or continuing any civil or criminalproceedings against the Plaintiff in any Court orTribunal during the continuance of the period he isentitled under the Constitution to perform thefunctions of his office as Governor of Plateau State;and. for such further and/or other orders as thisHonourable Court may deem to make in thecircumstances.
It said the application was based on the grounds thatby virtue of sections 308(1)(b)(c) of the 1999Constitution no process of any court, tribunal or anyother body by whatever named for the arrest orimprisonment of a governor or compelling hisappearance can be lawfully issued of caused to beissued adding that the said provisions applies”notwithstanding anything to the contrary in thisconstitution” or any other enactment by whatever namecalled.The governor also filed a motion on notice foraccelerated hearing of the suit. Hearing was fixed forWednesday (December 15) before Justice P. E. Achibong.
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