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Court affirms Dariye's immunity, tries bank chiefs
From Saxone Akhaine,
Kaduna
IN a turn of events, the governor of Plateau State, Chief Joshua Chibi Dariye, yesterday secured freedom from prosecution over charges of money-laundering brought against him by the Economic and Financial Crimes Commission (EFCC).
However, though the judge of the Federal High Court, Justice Abdullahi Liman, set aside his own earlier order of criminal summon against Dariye, the judge ordered the continued trial of the six bank chiefs allegedly used in the money-laundering activities involving about N1.2 billion.
The names of the bankers are Aine Odessa, Dorothy Uko, Duate P. Iyabi, Aidunye Roberts and Lawson Omokhodion.
Delivering his 75 minutes ruling, Justice Liman warned Dariye not to see his victory via immunity clause as a comfortable one, saying that "I must observe that this victory may turn out to be a restless victory for in trying of charges against the other accused persons, it may turn out that he (Dariye) is still undergoing symbolic trial, for it is his alleged actions that constitute the charge."
Liman noted that "a nominal party within the contest of the constitution depends not on its designation and fact, but on 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 allegedly committing the offence and likely punishment he is to have after conviction."
Liman continued: "However, it seems that the world nominal party seems to me something in name only and not in reality, therefore, whether or not there is a nominal party in a criminal procedures depends on each peculiar situation.
"It is my view however that the charge against the accused (Dariye) did not appear in all the counts of the charge to be a nominal party. He is the principal offender in the charge No. FHC/ KD /143 /04. The first accused (Dariye) in counts one and two is charged along with others for conspiracy and money-laundering."
The judge also pointed out that following the lapses, "the charges having regards to section 308 of the constitution cannot stand in charge number three and four. I accordingly strike them out."
Liman argued: "In counts one and two in charge numbers 1, 4, 3, the first accused is jointly being charged and there is no challenge to the validity of the charge. I will apply the blue-pencil rule. I will strike out the portion of the charge affecting the first accused person (Dariye)." Accordingly, he ordered that the name of the first accused herein, all allegations against him be struck out and shall not stand, and therefore, the summons issued against him shall not stand.
Besides, Justice Liman granted the remaining accused persons in the suit bail, saying: "I have examined the affidavit and counter-affidavit by all the parties in the case.
"And I have also given due considerations after listening to all the counsel and I am of the view that it is appropriate to grant each of the accused persons bail for the sum of N10 million each and two surety each in the like sum or someone who owns N2 million worth of title of equity shares in a public quoted company and landed property within jurisdiction where the title deed shall be sited by the registrar and a copy of which will be filed with the registrar."
The case proceeded immediately after the ruling with the prosecution counsel, Mr. Chile Okoroma, leading three prosecuting witnesses in evidence.
The witnesses are Bamanga Bello, a banker and investigator with EFCC, Musa Sunday, a police inspector and John Eji, police sergeant who work with EFCC.
They tendered documents and statements by the accused persons, which were marked exhibits by the court.
Meanwhile, reacting to the ruling, the defence lawyer, Chief Bayo Ojo (SAN), told journalists: "We are happy with it because we have always known that section 308 of the constitution gives absolute immunity to the President, Vice President, Governors and Deputy Governors in the country", adding that "the Supreme Court has said this before and we are happy that his lordship here has confirmed that: "Until the constitution is amended, that is the law. I am not saying that it is a good law, but that is the law today."
Ojo, who also spoke on the development of democracy in Nigeria, argued: "No, it is not good to remove it (immunity clause) completely but it can be made partial immunity, it might not be made absolute immunity, it might not be made absolute immunity.
"I agree that the clause ought to be amended in the constitution but we cannot remove it completely, because if it is taken out completely, it will be difficult for public officers to function in office. They will be inundated with suits in their personal capacities such that criminal prosecution will be brought to embarrass them and they will not be able to function."`
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