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Dariye Wants EFCC Suit Transferred to Abuja
From Funmi Peter-Omale in Jos, 12.16.2004
Governor Joshua Dariye's counsel, Professor Ben Nwabueze, has applied for the transfer of the Economic and Financial Crimes Commission's (EFCC) suit from a Federal High Court in Kaduna to Abuja. The suit in Kaduna is challenging the immunity of the governor in the on-going money laundering allegations against him. This is coming on the heels of a Federal High Court ruling in Jos in which it set aside January 18th 2005 for further hearing on the suit filed by the governor. The suit is also challenging the constitutionality of the EFCC raising query over public funds belonging to Plateau State. Dariye had dragged the EFCC to court last month to challenge the Commission's move to investigate and audit the accounts of the state government. According to the governor's counsel in a letter to the Chief Judge, Federal High Court, Lagos, dated December 13th 2004 with reference BON/DIO/2489/04, the Kaduna suit should be transferred on the ground of forum conveniens. "The seven defendants charged with his excellency all reside in Abuja, the transactions giving rise to the suit took place in Abuja and the Economic and Financial Crimes Commission (EFCC), the complainant, has its headquarters in Abuja. There is no good reason known to me for filing the suit in the first place in Kaduna, instead of Abuja. The interest of justice clearly requires that the suit be transferred to Abuja," he said. Nwabueze (SAN) argued that any allegation by the Federal Government that Dariye as governor of Plateau State misappropriated or diverted any part of state government fund raises a dispute between the federation and the state. "And only the Supreme Court under section 232 of the 1999 constitution has the jusrisdiction over the dispute to the exclusion of any other court," he added. The counsel averred that "it would be a monstrous desecration of the federal principle enshrined in our constitution and which underlies our entire governmental system, for the federal government to arrogate to itself power over the administartion and management of the funds of a state government. The Kaduna suit, he said, "is utterly incompetent as a gross violation of the constitution." But at the preliminary hearing yesterday in Jos yesterday, counsel to the state government, Nwabueze, who was represented by Robert Clarke, argued that the only body recognised under the constitution to conduct investigation into public account of a state is the State House of Assembly. He noted that it is only the House that has the responsibility of authorisng public spending. He also averred that the Assembly could be assisted in performing this function with the aim of exposing corruption, inefficiency or waste with the assistance of the State Auditor-General as enshrined in Section 125 of the constitution. According to the Counsel, going by the Act that established the EFCC, the Commission cannot exercise or carry out investigation on public fund or a state government but could investigate an individual within a state system. While noting that the EFCC action was against the principle of federalism, he urged the court to restrain the defendant from carrying out further investigation on the account of Plateau state. In his own arguement, however, counsel to EFCC, Barrister J. Saidi argued that the commission was operating by the Act of the National Assembly which empowered it to investigate issues bordering on money laundering. He added that the activities of the commission are supported by Section 6 of the EFCC Act. According to him, though the State Auditor General has the power to audit the state accounts, he lacks the constitutional power to investigate. He added that the State House of Assembly cannot exercise police functions of investigating public funds.
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