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Court strikes out EFCC
case against Dariye
By Sukuji Bakoji
Bureau
Chief, Kaduna
Some
reprieve came for Plateau State Governor Joshua Dariye on Thursday as the
Federal High Court, Kaduna ruled that he cannot be tried for corruption and
money laundering offences while in office. The case, instituted by the Economic
and Financial Crimes Commission (EFCC), was struck out.
In
the 45-minute judgement, the presiding judge, Justice Abdullahi Liman, also set
aside his earlier criminal summons on him to appear and defend four charges of
fraud and money laundering.
The
judge reaffirmed that a sitting President, vice president, governor and deputy
governor all enjoy absolute immunity against civil and criminal prosecution as
enshrined in Section 308 of the
Constitution.
Said
he: “Accordingly, I hold that a normal party within the context of the
Constitution depend not on its designation and fact, but in the manner in which
the charge is filed. Whether or not the parties see a nominal party in the
charge depends on the context of the charge, and secondly, it also depends on
the role he played in the alleged offence and the likely punishment he is to
have after conviction.
“However,
whether or not there is a nominal party in a criminal proceeding depends on
each peculiar situation.
“It
is my view, however, that the charge against the accused did not appear in all
the counts of the charge to be a nominal party. He (Dariye) is the principal
offender. In the charge No. FHC/KD/143/04, the first accused (Dariye), in count
one and two, is charged along with others for conspiracy and money laundering.
“However,
in counts one and two in charge number 143, the first accused is jointly being
charged and there has been no challenge to the validity of the charge. I will
apply the blue penal rule. I will strike out the portion of the charge
affecting the first accused.
“Accordingly,
I order that the name of the first accused herein all allegations against him
be struck out and shall not stand. Therefore the summon issued against him
shall not stand”.
However,
the judge explained that his decision was not based on judicial precedence and
that he is not a blind follower, but acted cautiously with a broad
interpretation of Section 308, which grants immunity against civil and criminal
charges against the President, vice president, governor and deputy governor.
He
stated that the victory by Dariye notwithstanding, he will continue to suffer
symbolic trial during his tenure as Governor.
“I
must, however, observe that this victory may turn out to be a restless victory
for him. It may also turn out that he is still undergoing symbolic trial, for
it is his alleged action that constituted the charge against the other accused
persons”.
Fielding
questions from newsmen after the verdict, the lead counsel to Dariye and other
accused, Bayo Ojo, commended the judge, arguing that Section 308 of the
Constitution has given absolute immunity to the deputy governor, governor, vice
president and the President. “That’s our believe and the Supreme
Court has said that before”.
In his own reaction, prosecution lead counsel Chile Okoroma
said: “For the first time I associate myself with the learned senior
advocates. The issue of immunity is quite erudite. I have learned a lot”.
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