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Dariye faces probe� Hearing on emergency rule begins on Monday
Jude Owuamanam, Jos
Plateau State Administrator, Maj. Gen. Chris Alli, has initiated a probe into the financial dealings of the state under the suspended Governor, Chief Joshua Dariye.
Our correspondent gathered from sources close to the Plateau State Government House on Tuesday that security agents have been inviting some commissioners and heads of extra ministerial departments to explain some hazy financial transactions.
Primary among those being quizzed were officials of the state ministry of finance, officials from the office of the state accountant-general and the state revenue board.
It was further gathered that present and past officials of the Bureau for Local Government Administration were also being invited by security agents to explain deductions from statutory allocations to local governments in the past year.
Local government chairmen were also being invited to explain why they have not been able to pay salaries to their workers for upwards of one and a half years.
Our correspondents reliably learnt that the state administrator was baffled by the huge debt, which the state had incurred, especially the unpaid salaries to the third tier of government.
For instance, some local governments owed up to 18 months salaries.
The sole administrator is also said to be digging into the finances of the state Primary Education Board and why it owed so much even when the Federal Government was financing it.
�In the past weeks, the state government has been inviting some key officials to explain some financial transactions, which they handled on behalf of the state. I won�t say it is a probe, but since there is a new administration in place, they have to know certain things,� the source said.
The suspended governor, had, while handing over to the sole administrator, said that he left a debt of N72 billion, made up mainly of contractual obligations and foreign loans, the bulk of which was from the Midland loan obtained by the first civilian government of the state.
He also said that he left an unpaid salary bill of two months to the workers totaling N1.1 billion.
Sole administrator has also moved to consolidate his position after receiving the emergency power regulations recently passed by the National Assembly.
Some officials of the state on Monday dismantled the signpost directing visitor to the office of the executive governor and replaced it with that of the administrator.
Photographs of the suspended governor hung in several offices and some of the suspended governor�s campaign photographs that adorn the entrance to Government House, Rayfield, were also being brought down and replaced with that of the sole administrator, while Alli�s wife, Dorothy, has arrived the state and was said to be preparing to launch a pet programme similar to the Women Alive Foundation of the wife of the suspended governor, Mrs. Valentina Dariye.
Since her arrival last week, she had embarked on tours of the displaced persons� camps and courtesy visits to traditional rulers in the state.
Meanwhile, legal fireworks are expected to commence on Monday (June 21) as a Federal High Court, sitting in Jos, the Plateau State capital, begins hearing on the action filed by the suspended members of the Plateau State House of Assembly against President Olusegun Obasanjo over the declaration of a state of emergency in the state.
The lawmakers are also contesting the suspension of their legislative functions by the President through the State of Emergency (Plateau State) Proclamation 2004 published in official gazette S.I. No. 4 of 2004.
Joined in the suit No. FHC/J/CS/64/2004, were the Attorney-General and Minister of Justice and the National Assembly.
In the originating summons brought pursuant to Section 25 (1) (q) and r) of the 1999 Constitution and Orders 7 and 40 of the Federal High Court Civil Procedure Rules 2004, the 24 lawmakers in the action filed by their counsel, Mr. Okey Akobundu of Akobundu and Company, and filed on June 1, the lawmakers wanted an interpretation on whether the President could exercise his powers to declare a state of emergency in Plateau State pursuant to sections 305 (1), (3), (c) and (d) of the constitution of the Federal republic of Nigeria without compliance with or recourse to Section 305 (4) and (5) of the constitution.
In the six-point prayers, the lawmakers are also seeking the following:
� in the absence of any express provision in the 1999 Constitution and of any law enacted by the National Assembly, the President, can in the exercise of his powers under Section 305 (1), (3), (c) and (d) of the Constitution of the Federal republic of Nigeria suspend the plaintiffs from office as members of the Plateau State House of Assembly;
� in view of the provisions of Section 90, 104, 105 and 109 of the Constitution, the President can suspend or otherwise stop the sittings of the Plateau State House of Assembly consisting of the plaintiffs, pursuant to his powers under 305 (1), (3), (c) and (d) of the 1999 Constitution of the Federal republic of Nigeria;
� In the absence of the situation envisaged under Sections 11(4) and 105(1) and (3) of the Constitution, the plaintiffs being the duly elected members of the Plateau State House of Assembly can be otherwise stopped or suspended from performing their constitutional legislative functions;
� Whether the President can while purporting to exercise his powers under 305 (1), (3), (c) and (d) of the 1999 Constitution of the Federal Republic of Nigeria suspend the plaintiffs who are the duly elected members of the Plateau State House of Assembly from performing their constitutional legislative functions; and
� In view of the provisions of Section 11 (2) of the Constitution and in the absence of the situation contemplated under Section 11(4) and (5) of the Constitution, the Plateau State House of Assembly ought not be the appropriate authority to legislate and make laws during the period contemplated under 305 (1), (3), (c) and (d) of the 1999 Constitution of the Federal republic of Nigeria. If the answers to the first five relief sought by the lawmakers are negative and if the sixth is in the positive, they want the court to declare that in the absence of due compliance with the provision of Section 305 (4) and (5) of the Constitution, the president could not in exercise of his powers under Sections 305 (1), (3), (c) and (d) of the Constitution of the Federal Republic of Nigeria, the president could not validly declare or proclaim a State of Emergency (Plateau State) Proclamation 2004.
The lawmakers are seeking the following reliefs:
� An order setting aside the purported declaration or proclamation of State of Emergency in Plateau State by the president as contained in the State of Emergency (Plateau State) Proclamation 2004, published in official gazette S. I No. 4 of 2004;
In the alternative, the legislators are seeking:
� A declaration that in the absence of any express provision in the Constitution and of any law duly enacted by the National Assembly, pursuant to Section 11(1) of the Constitution enabling him in that behalf, the president has no powers to suspend the plaintiff from their offices as members of the State House of Assembly;
� A declaration that by virtue of Section 90, 104, 105 and 109 of the Constitution, the President of the Federal Republic of Nigeria has no powers to suspend the Plateau State House of Assembly, which consists of the plaintiffs;
� A declaration that by virtue of Sections 305 (1), (3), (c) and (d) of the 1999 Constitution of the Federal Republic of Nigeria does not vest on the president with the powers to suspend the plaintiffs who are duly elected members of the Plateau State House of Assembly;
� A further declaration that by virtue of Section 11(2) of the Constitution and in the absence of the situation envisaged under the provisions of Sections 11 (4) and (5) of the Constitution, the Plateau State House of Assembly consisting of the plaintiffs is the appropriate authority to legislate and make laws for the state even during the period contemplated under Sections 305 (1), (3), (c) and (d) of the 1999 Constitution of the Federal republic of Nigeria;
� A declaration that the State of Emergency (Plateau State) Proclamation 2004 contained in Government Notice S. I. No. 4 of 2004 made by the first defendant on May 18, 2004 suspending the plaintiffs from the performance of their legislative functions as members of the Plateau State House of Assembly is null, void and in contravention of the Constitution of the Federal Republic of Nigeria;
� An order of court setting aside the State of Emergency (Plateau State) Proclamation made on May 18, 2004;
� An order setting aside the purported suspension of the plaintiffs by the president for being unconstitutional, null and void; and
� An order restricting the defendants, their agents, privies, whatsoever from interfering or to in any manner hinder the plaintiffs from performing their constitutional functions as members of he Plateau State House of Assembly.
And in a bid to stabilise governance in Plateau, the Senate will next week cut short its six weeks break for members to beat out laws on which the state will be governed.
Our correspondents learnt on Tuesday that the re-convening of the Senate, which is yet to be announced officially, was not unconnected with the fact that the new leadership has no formal legal instrument to perform its functions.
Just before embarking on break about a week ago, the Senate had ratified certain emergency rule regulations, which some members feared may not have sufficient legal bite to enhance good governance in the state.
Under the 1999 Constitution, the National Assembly can legislate for a state where the House of Assembly of such a state is unable to perform its functions.
Section 11(4) states that, �At any time when any House of Assembly of a State is unable to perform its function by reason of the situation prevailing in that state, the National Assembly may make such laws for the peace, order and good government of that state with respect to matters on which a House of Assembly may make laws as may appear to the National Assembly to be necessary or expedient until such a time as the House of Assembly is able to resume its functions.
�And any such law enacted by the National Assembly pursuant to this section shall have effect as if they were laws enacted by the House of Assembly of the State.
�Provided that nothing in this section shall be construed as conferring on the National Assembly power to remove the governor or the deputy governor of the state from office,�
Senate Majority Leader, Senator Dalhatu Tafida, who confirmed the resumption of the Senate on Tuesday, said in an interview that it would be wrong to leave governance in Plateau State under the present circumstance for too long.
Other sources, however, told our correspondents that the Senate would also consider the harmonised version of the new Pension Bill, which has been passed chambers of the National Assembly.
The PUNCH, Wednesday, June 16, 2004
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